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Patna High CourtCR. MISC./15229/2020disposed

Brijnandan Yadav v. The State Of Bihar

2020-09-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15229 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.

BRIJNANDAN YADAV Son of Sahdeo Yadav Resident of Village - Sobhabigha, Police Station - Khudaganj, District - Nalanda. 2.

Ramuna Devi Wife of Brijnandan Yadav Resident of Village - Sobhabigha, Police Station - Khudaganj, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2020 Heard both sides.

The matter has been taken up through video conferencing.

At the outset of the argument the learned counsel for the petitioners seeks permission to withdraw this petition with regard to petitioner No1, Brijnanndan Yadav, as he has already been arrested.

Prayer is allowed.

This anticipatory bail petition with regard to petitioner No.1 is dismissed as withdrawn.

The petitioner No.2, Ramuna Devi, apprehends her arrest in Khudaganj P.S. case No. 168/2019 registered under Section 341, 323, 307, 337, 498A, 504, 506/34 of the IPC. The informant disclosed that on 10.12.2019 he had gone to the house of his sister, Bibha Devi. His father, mother, aunt and cousin had also gone there. As soon as they arrived at

Patna High Court CR. MISC. No.15229 of 2020(2) dt.07-09-2020 2/2 the door of the house of his sister all the accused persons began to abuse and assault the informant and his family members. The learned counsel for the petitioner submits that petitioner is a lady. The petitioner is alleged to have assaulted the informant with a piece of brick which hit on the leg of the informant. The petitioner happens to be mother-in-law of the sister of informant. The petitioner is not alleged to have assaulted the sister of the informant. The husband of sister of the informant has already solemnized second marriage. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is a lady, the petitioner No.

2, above named, in the event of her arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on her furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Khudaganj P.S. case No.168/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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