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Patna High CourtCR. MISC./80029/2018bail granted

Nagiya Devi @ Nagina Devi And ANR v. The State Of Bihar

2019-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80029 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- HASPURA District- Aurangabad ======================================================

1. Nagiya Devi @ Nagina Devi Wife of Ramdhyan Singh.

2. Ramdhyan Singh Son of late Sita Ram Singh Both residents of Village Bahadur Bigha, P.S. Haspura, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2019 Heard both sides.

The petitioners apprehend their arrest in Haspura P.S. case No. 149 of 2018 registered under Section 307 and other minor Sections of the Indian Penal Code.

The informant named the petitioners and alleged that Brij Nandan Singh, Amit Kumar and Ramdhyan Singh, petitioner No.2, assaulted the informant with Lathi. Thereafter, it is alleged that Nagina Devi, petitioner No.1, and Renu Devi also assaulted the informant and his grand father, Shoedhyan Singh and caused injury.

The learned counsel for the petitioners submits that the occurrence took place on 28.06.2018 but the statement of the informant was recorded on 01.07.2018. No apparent injury was

Patna High Court Cr.Misc. No.80029 of 2018(2) dt.16-01-2019 2/2 caused to the informant and his grand father. Prior to institution of the present case son of the petitioners lodged Haspura P.S. case No. 144 of 2018 on 28.06.2018. Grand father of the informant, Sheodhyan Singh is own brother of petitioner No.2, Ramdhyan Singh.

Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that there is case and counter case and both sides entered into mutual scuffle, the petitioners, above named, in the event of their arrest or surrender before the learned 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 bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 149 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T