Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19553 of 2021 Arising Out of PS. Case No.-885 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

URMILA DEVI Wife of Bhukhual Ram Resident of Village- Nathua, P.S.- Madhaura (Gaura O.P.), District- Saran 2.

MUKESH RAM Son of Late Jaglal Ram Resident of Village- Nathua, P.S.- Madhaura (Gaura O.P.), District- Saran 3.

NAWAL RAM Son of Late Jaglal Ram Resident of Village- Nathua, P.S.- Madhaura (Gaura O.P.), District- Saran.

4.

RAJESH RAM Son of Sukhal Ram Resident of Village- Nathua, P.S.- Madhaura (Gaura O.P.), District- Saran 5.

BHUKHAL RAM Son of Late Puni Ram Resident of Village- Nathua, P.S.- Madhaura (Gaura O.P.), District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Ms. Nirmal Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-01-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, the petitioner nos. 3, 4 and 5 have been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner nos. 3, 4 and 5.

Patna High Court CR. MISC. No.19553 of 2021(2) dt.22-01-2022 2/3 In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner nos. 3, 4 and 5.

The petitioner nos. 1 and 2 apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code, registered in connection with Madhaura (Gaura O.P.) P.S.Case No.885 of 2020. As per the FIR, the accused persons assaulted the informant. The allegation against co-accused Shailendra Ram is that he inflicted gadansa blow on the head of the informant. The learned counsel for the petitioner nos. 1 and 2 has submitted that there is case and counter case and daughterin-law of petitioner no.1 had also lodged a case against the petitioners which was registered under the same Sections of the present FIR a well as the SC/ST (Prevention of Atrocities) Act, 1989. He has also submitted that there is no specific allegation on the petitioner nos. 1 and 2 of assaulting the informant.

Considering the above facts and circumstances, let the petitioners nos. 1 and 2, namely, Urmila Devi and Mukesh Ram, respectively, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.19553 of 2021(2) dt.22-01-2022 3/3 thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 885 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T