Gina Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53241 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -FULKAHA District- ARRARIA ======================================================
1. Gina Devi, Wife of Shyam Paswan,
2. Uma Shankar Paswan, Son of Shyam Paswan,
3. Mukesh Paswan, Son of Shyam Paswan,
4. Badri Paswan, Son of Late Rabi Paswan,
5. Bhular Devi, Wife of Hari Lal Paswan, All are residents of village - Nawabganj, Ward No. 09, Police Station - Narpatganj, District - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Phulkaha P.S. Case No. 72 of 2016 registered under Sections 147, 148, 341, 323, 324, 307, 354(B) and 504 of the Indian Penal Code.
The accusation is that on 27.07.2016, Umesh Yadav, husband of the informant, was returning after grazing the cattle, in the way, nine persons named in the F.I.R. including the petitioners surrounded Umesh Yadav and his brother Ramesh Yadav and caused injury to them through Dabia. When his brother Ramesh
Yadav rushed to save him then Rajesh Paswan also caused injury at his head through Dabia. When informant and her sister-in-law, Jugni Devi, rushed to save them then both were also assaulted. At that time, Gina Devi also caused injury to her sister-in-law, Jugni Devi, through Dabia at her elbow. At that time, petitioner no. 3 also assaulted to the informant, who sustained injury at his elbow. Learned counsel for the petitioners submits that occurrence took place due to grazing of cattle, in which, both sides sustained injury and on the basis of the written report of petitioner no. 1, Geena Devi, Phulkaha P.S. Case No. 73 of 2016 was instituted. It is further submitted that petitioners have no criminal antecedent.
It is further submitted that informant and her sisterin-law had not sustained any injury and the injury as found on the person of Ramesh Yadav and Umesh Yadav are simple in nature whereas the injury as found on the person of Rajiv Kumar, son of Ramesh Yadav, nature of injury is kept reserved. Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M.
Phulkaha P.S. Case No. 72 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T