Rambha Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34372 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================
1. Rambha Kumari,
2. Anshu Kumari, both daughters of Jalim Singh,
3. Dharambir Yadav, S/o Jalim Singh
4. Sona Devi, W/o Jalim Singh,
5. Guriya Devi, W/o Dharambir Yadav, All are the residents of Udaipura, P.S. Parasbigha, District- Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Anita Kumari Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.
The petitioners apprehend their arrest in Parasbigha P.S. case No. 17 of 2017 under Section 307 and other Sections of the Indian Penal Code.
The informant named six persons, including the petitioners, and alleged that they, having armed with different weapons, entered into his house. Dharambir Yadav assaulted his wife, Lalmani Devi, with leg. Jalim Singh assaulted the informant and his son Vikash Kumar. Dharambir Yadav fired which hit on the ear of Lalmani Devi and Lalmani Devi fell down on the ground. Rambha Kumari is said to have inflicted sickle blow on
Patna High Court Cr.Misc. No.34372 of 2017 (2) dt.11-08-2017 2/3 the head of Lalmani Devi. Other accused persons, namely, Anshu Kumari, Sona Devi and Guriya Devi are alleged to have snatched ornaments from the possession of the wife of informant. The learned counsel for the petitioners submits that the occurrence took place due to land dispute. The occurrence happened on 22.02.2017 but FIR was lodged on 06.03.2017. The petitioner Nos. 1, 2, 4 and 5 are ladies. Rambha Kumari is alleged to have assaulted the wife of informant with sickle on her head but one lacerated wound on her skull was found, which is simple in nature.
Having considered the facts that save and except Rambha Kumari, who is alleged to have assaulted the wife of informant with sickle but the injury is simple in nature, there is no specific allegation of assault against petitioner Nos. 2, 4 and 5, the petitioners No.1, Rambha Kumari, 2. Anshu Kumari, 4. Sona Devi and 5. Guriya Devi 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri P. K. Bharti, learned Judicial Magistrate, 1st class, Jehanabad in connection with Parasbigha P.S. case No.17 of
Patna High Court Cr.Misc. No.34372 of 2017 (2) dt.11-08-2017 3/3 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as case of petitioner No.3, Dharambir Yadav, is concerned, he is alleged to have fired which caused injury on the ear of wife of informant, of course, the injury is simple in nature but I am not inclined to enlarge the petitioner No.3 on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T