Saroja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16917 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== 1.

SAROJA KUMARI D/o Ramashray Yadav R/o village- Dhondhra TolaMusan Bigha, P.S.- Kurtha, District- Arwal 2.

Yasoda Kumari D/o Ramashray Yadav R/o village- Dhondhra Tola-Musan Bigha, P.S.- Kurtha, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 323, 308, 447, 504, 506 of I.P.C. and Sections 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the accused persons including the petitioners came at the house of the informant and started abusing. On protest, they started throwing

Patna High Court CR. MISC. No.16917 of 2022(2) dt.08-04-2022 2/3 stones, in which informant's mother sustained injury on head and mouth. Co-accused Dayanand Kumar and Ramanuj Yadav were in drunken state.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. Scuffle is said to have taken place between the parties. Free fight is alleged to have taken place. There is no allegation of assault alleged against the petitioners. Co-accused persons are said to have been found in drunken state. There is no recovery of liquor from the possession of the petitioners. Petitioners are ladies.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) II, Jehanabad in connection with Kurtha P.S. case

Patna High Court CR. MISC. No.16917 of 2022(2) dt.08-04-2022 3/3 No.01 of 2022 (Excise case No.09 of 2022), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T