Ramawati Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27588 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Ramawati Devi w/o Anarma Ram

2. Anarma Ram s/o Dina Nath Ram Both R/o Village - Hajpurwa, P.S. - G.B. Nagar, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/323 /324/325/307/504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner No. 2 (Anarma Ram) has been taken into custody and, therefore, the application as against him, has become infructuous and may be permitted to be withdrawn.

Liberty is granted and the application as against petitioner No. 2 stands dismissed as withdrawn.

So far as petitioner No. 1 (Ramawati Devi) is concerned, the case shall now proceed against her.

Learned counsel for the petitioners also prays leave of this

Patna High Court Cr.Misc. No.27588 of 2016 (2) dt.20-08-2016 P2/2 Court to make necessary corrections in paragraph No. 4 of the application as in the said paragraph, it has been wrongly typed as "petitioner No. 2 having lathi in his hand" rather, it should be "petitioner No. 1 having lathi in her hand".

So far as petitioner No. 1 is concerned, it appears that there was some free fight between the petitioners at the hand-pump where the children were playing and some quarrel arose between the children. As such, both the parties became belligerent and there was no pre-meditation to the occurrence. Having considered all aspects of the case and that the petitioner No. 1 (Ramawati Devi) is not having any criminal antecedent, let the petitioner, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Maharajganj (G.B. Nagar) P.S. Case No. 137/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T