Urmila Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61299 of 2017 Arising Out of PS. Case No.-69 Year-2017 Thana- JADIA District- Supaul ======================================================
1. Urmila Devi, W/o- Nago Yadav,
2. Soni Kumari, D/o- Nago yadav,
3. Rausan Kumar, S/o Nago Yadav, All are R/o- Village- Guriya, P.S.- Jadiya, District- Supaul.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the IPC.
The prosecution case is that Urmila Devi was grazing the goat in the maize field of the informant, upon which the wife of the informant protested, thereupon, petitioner no.2, Soni Kumari started abusing the wife of the informant and on protest being made, petitioner no.2, Soni Kumari, petitioner no.3, Raushan Kumar and co-accused Nago Yadav came variously armed, when co-accused Nago Yadav assaulted with lathi on the head of the informant, thereafter, other accused persons also assaulted causing fracture injury to the informant and when the son of the
Patna High Court Cr.Misc. No.61299 of 2017(2) dt.19-12-2017 2/3 informant, namely, Karan Kumar came to his rescue, then he was also assaulted by co-accused Nago Yadav. Co-accused Nago Yadav also took away Rs. 5,000/- from the pocket of the informant and snatched gold chain from the neck of the son of the informant.
It is submitted by learned counsel for the petitioners that thrust of accusation is against Nago Yadav, who is not the petitioner before this Court. The accusation against the petitioner is omnibus and general. The injury of the informant has been found to be superficial simple in nature and accusation of snatching money and gold chain is cosmetic in nature. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that accusation against the petitioners is omnibus and general.
Considering the thrust of accusation against Nago Yadav, who is not the petitioner before this Court, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.61299 of 2017(2) dt.19-12-2017 3/3 Supaul in connection with Jadiya P.S. Case No. 69 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T