Sushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22088 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -UPHARA District- AURANGABAD ======================================================
1. Dilip Kumar Son of Jadunandan Prasad @ Shyamnandan Prasad
2. Avinash Chandralok Kumar @ Avinash Kumar Son of Dilip Kumar
3. Chandralata Kumari Daughter of Dilip Kumar
4. Sunil Kumar Son of Ram Pariksha Prasad
5. Rekha Kumari @ Rekha Devi Wife of Sunil Kumar All Resident of village - Bella, P.S. Uphara, District - Aurangabad ( Bihar ) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.23612 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -UPHARA District- AURANGABAD ====================================================== Sushila Devi Wife of Dilip Kumar Resident of village - Bella, P.S. Uphara, District - Aurangabad ( Bihar ) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.22088 of 2016) For the Petitioner/s : Mr. Shakib Ayaz For the Opposite Party/s : Mr. Sharda Kumari (App) (In Cr.Misc. No.23612 of 2016) For the Petitioner/s : Mr. Shakib Ayaz For the Opposite Party/s : Mr. Shailendra Kumar-II(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 308, 504 and 506 of the Indian Penal Code. Prosecution case is that the accused persons assaulted the
Patna High Court Cr.Misc. No.22088 of 2016 (3) dt.24-06-2016 informant on his head by rod. Avinash Chandralok assaulted him on head, due to which he got unconscious. Thereafter the accused persons assaulted the mother of the informant just above the eye. It is submitted by the learned counsel for the petitioners that for a petty dispute the accusation has been levelled and the injury on the informant and mother has been found to be simple in nature caused by hard and blunt substance. Petitioner no.1 had lodged Uphara P.S.Case No. 11/2016 against the informant and his family member under sections 148, 149, 323, 307, 504, 506 of the Indian Penal Code at the earlier point of time. Statement has been made in paragraph 3 of the application that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Uphara P.S.Case No. 12/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.22088 of 2016 (3) dt.24-06-2016