Gulab Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31810 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

GULAB YADAV SON OF LATE MURAHU YADAV VILLAGEMARAIPUR MADURNA, PS- CHAINPUR, DISTRICT- KAIMUR AT BHABUA 2.

PARWATI DEVI WIFE OF GULAB YADAV VILLAGE- MARAIPUR MADURNA, PS- CHAINPUR, DISTRICT- KAIMUR AT BHABUA ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Mr. Ram Anurag Singh For the Informant : Mr. Tribhuwan Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. From perusal of the order-sheet, it appears that this application in respect of petitioner no.1, Gulab Yadav has already been dismissed as withdrawn vide order dated 06.06.2023.

3. Now, this application survives only for petitioner no.2, Parwati Devi.

4. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 307, 427, 379, 323, 341, 342, 147, 148 & 149 of the Indian Penal Code

Patna High Court CR. MISC. No.31810 of 2023(3) dt.20-07-2023 2/3 and Section 27 of the Arms Act.

5. Petitioner no.1, Gulab Yadav and co-accused, Sanjay Yadav is said to have assaulted the son of the informant by means of sword due to which he sustained injury on his head.

6. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case being the wife of Gulab Yadav. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is delay of four days in lodging the F.I.R. without assigning any cogent reason for the said delay. It is further submitted that the injury report of the injured does not support the prosecution case as the doctor has found two lacerated wound over his head whereas the allegation of assault is by means of sword. It is further submitted that there is case and counter case between the parties and defence has also lodged Chainpur P.S. Case No.47 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

7. Learned APP assisted by learned counsel for the informant opposed the prayer for bail.

8. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in

Patna High Court CR. MISC. No.31810 of 2023(3) dt.20-07-2023 3/3 the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chainpur P.S. Case No. 29 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T