Savita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6857 of 2019 Arising Out of PS. Case No.-493 Year-2018 Thana- NAUBATPUR District- Patna ======================================================

1. Savita Devi wife of Prabhu Ram

2. Kunal Ram son of Kallu Ram @ Awadhesh Ram

3. Prabhu Ram son of Budhu Ram

4. Sanjay Kumar son of Prabhu Ram All residents of village Abhranchak, P.S. Naubatpur, District Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2019 Heard both sides.

The petitioners apprehend their arrest in Naubatpur P.S. Case No.493 of 2018 registered under Sections 341, 323, 326, 307, 379, 504 and 34 of the Indian Penal Code. The informant alleged that Kunal Ram assaulted her son Jai Govind Kumar. The informant pacified the matter but Kunal Ram threatened her of dire consequences and went to his house. After sometimes, Kunal Ram, Sanjay Kumar, Prabhu Ram and wife of Prabhu Ram came having armed with different weapons and assaulted the informant and Prabhu Ram snatched her ornaments.

Learned counsel for the petitioners submits that, of

Patna High Court Cr.Misc. No.6857 of 2019(2) dt.06-02-2019 2/2 course, some verbal altercation and scuffle took place between the two sides but the informant did not get any injuries on any part of her body. It is submitted that Annexure 2 is the report of Department of Radiology, C.T. Scan Unit, PMCH, Patna and nothing abnormal was found. It is further submitted that the case diary does not contain the injury report of the informant.

Having considered the facts that the informant alleged that the petitioners assaulted her with stick and iron rod but apparently there appears no injury on the body of the informant on the basis of Annexure 2 which is report of Department of Radiology, PMCH, Patna, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur, Patna in connection with Naubatpur P.S. Case No.493 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T