Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17146 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ============================================== 1.

USHA DEVI W/O PRAMOD YADAV R/O VILLAGE ITWA, P.S. (JAGDISHPUR) GORADIH, DISTRICT BHAGALPUR 2.

PRAMOD YADAV S/O LATE BHOJU YADAV R/O VILLAGE ITWA, P.S. (JAGDISHPUR) GORADIH, DISTRICT BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ============================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners who are husband and wife amongst themselves seek bail in anticipation of their arrest in connection with Jagdishpur Goradih P.S. Case No. 210/2020 instituted for the offences under Sections 341, 323, 307, 447, 504, 506/34 of the Indian Penal Code.

The full brother of the petitioner no. 2 has lodged the subject F.I.R. alleging that he and his associates were

Patna High Court CR. MISC. No.17146 of 2021(2) dt.04-03-2022 2/3 assaulted by the petitioners and others.

There is a counter version of the occurrence also vide Jagdishpur Goradih P.S. Case No. 209/2020. The petitioner no. 1 has received injuries in connection with afore-noted counter case. There is no corresponding injury on anyone of the victims of subject F.I.R. even though the accusation is of assault by sharp cutting weapon. The dispute arose because of reaping of standing crops in the field over which there are competing claims of two brothers. Considering the afore-noted background facts and taking into account that the accused persons of the counter case have been released on bail by the court below, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur Goradih P.S. Case No. 210/2020, subject to

Patna High Court CR. MISC. No.17146 of 2021(2) dt.04-03-2022 3/3 the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T