Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33444 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

URMILA DEVI Wife of Lakshman Nut 2.

Lakshman Nut Son of Chandrama Nat 3.

Jai Prakash Nut 4.

Pramod Nut @ Pramod Kumar Both are sons of Lakshman Nut All are resident of Village - Deorhi, P.S.- Taraiya, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

The petitioners apprehend their arrest in Taraiya P.S. Case No.40 of 2019 registered under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

The gist of the allegation is that the informant forbid Urmila Devi her cousin mother-in-law to sell toddy for which some altercation took place and all the four petitioners are said to have assaulted the informant. On the order of Lakshman Nut, petitioner No.2, petitioner No.3, Jai Prakash Nut is said to have assaulted the informant with Dab, a sharp edge weapon on her head and when the mother-in-law of the informant came to save, Jai Prakash Nut also alleged to have assaulted Chanda Devi,

Patna High Court CR. MISC. No.33444 of 2019(2) dt.21-05-2019 2/2 mother-in-law of the informant.

The learned counsel for the petitioners submits that informant and petitioners are of the same family and co-sharers. Some altercation of course took place. Girija Devi got one injury which is abrasion and not caused by sharp edge weapon. Similarly Chanda Devi also got one injury which is not caused by sharp edge weapon whereas both the injuries are said to have been caused by sharp edge weapon, Dab by Jai Prakash Nut. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge X/Special Judge, Excise Act, Saran, Chapra in connection with Taraiya P.S. Case No.40 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T