Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47042 of 2016 Arising Out of PS.Case No. -192 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Pramila Devi wife of Sri Chandra Bhushan Sharma, resident of villageLarauow, P.S. Makhdumpur, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case no. 192 of 2016, registered under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that petitioner along with his two sons, namely, Bipin Kumar and Vikash Kumar @ Nepali reached at the door of the informant and made complain to the effect that why he called father-in-law on which informant replied that father-in-law suo motu used to come at his door. Thereafter, petitioner and her two sons started to abuse the informant, when father of informant made complain then Bipin Kumar and Vikash Kumar @ Nepali, both sons of petitioner, caused injury to the father of the informant through lathi and iron rod. When mother and wife of the informant rushed to save him then Bipin Kumar caused injury through iron rod to his

Patna High Court Cr.Misc. No.47042 of 2016 (2) dt.14-12-2016 2/2 mother. In the meantime, Vikash Kumar snatched golden chain from the neck of the wife of the informant.

Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that the allegation of causing assault is against Bipin Kumar and Vikash Kumar @ Nepali, both sons of the petitioner and petitioner is said to be present there with general allegation of abusing the informant. The petitioner has no criminal antecedent.

Learned counsel for the informant opposed the prayer of the petitioner with submission that Uma Shankar Prasad Sharma, father of the informant, who is said to be assaulted by Bipin Kumar and Vikash Kumar @ Nepali, both sons of the petitioner, died after 12 days of the occurrence.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 192 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T