Urmila Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25786 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- KOPA District- Saran ====================================================== 1.

URMILA KUWAR W/o Late Lagan Yadav Resident of Village- Kumna, P.S.- Kopa, District- Saran.

2.

Bikesh Kumar Yadav @ Vikesh Yadav @ Vikesh Kumar Yadav S/o Kalika Yadav Resident of Village- Kumna, P.S.- Kopa, District- Saran. 3.

Ajay Abhitabh Yadav @ Ajay Abhitab Yadav @ Ajay Yadav S/o Ramayan Yadav Resident of Village- Kumna, P.S.- Kopa, District- Saran. 4.

Chani Devi @ Chini Devi W/o Kalika Yadav Resident of Village- Kumna, P.S.- Kopa, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2019 Heard both sides.

The petitioners apprehend their arrest in Kopa P.S. case No. 02 of 2019 registered under Section 307, 354 and other minor Sections of the IPC.

The informant named the petitioners and others in the FIR and alleged that they all having armed with different weapons came. Dhanjeev Yadav @ Govinda Yadav is said to have assaulted Pradip Kumar Gupta with Farsa on his head. Mithun Kumar @ Rajeev Yadav assaulted Satendra Prasad Gupta with sword on his head. Tapeshwar Rai assaulted

Patna High Court CR. MISC. No.25786 of 2019(2) dt.22-04-2019 2/3 Chandrika Sah on his head. Ramayan Yadav assaulted Kalawati Devi. Mithun Kumar @ Rajeev Yadav assaulted Kisnawati Devi with iron rod on her head. Ajay Yadav, petitioner No.3, assaulted Rajesh Sah with iron rod on his head. Vicky Kumar assaulted Ramesh Sah with Lathi on his head. Other accused persons also assaulted the informant and others.

The learned counsel for the petitioners submits that there is counter version being Kopa P.S. case No. 3 of 2019. The petitioner No.1, Urmila Kuwar, petitioner No.2, Bikesh Kumar Yadav, and petitioner No.4, Chani Devi @ Chini Devi are not alleged to have assaulted any person. Ajay Yadav is alleged to have assaulted Rajesh Sah with iron rod on his head but injury found on the head of Rajesh Sah is opined to be simple in nature. The opinion regarding injury found on the wrist of Rajesh Sah is kept reserved but petitioner No.3 is author of injury found on the head of Rajesh Sah, which is simple in nature.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the 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

Patna High Court CR. MISC. No.25786 of 2019(2) dt.22-04-2019 3/3 bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned I/C Additional Chief Judicial MagistrateV, Saran at Chapra in connection with Kopa P.S. case No. 02 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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