Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45191 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- BARHARIA District- Siwan ====================================================== 1.

URMILA DEVI wife of Sunil Sah, Resident of Village - Triloka Hata, P.S. - Barharia, District - Siwan.

2.

SANGITA DEVI Wife of Banshi Sah, Resident of Village - Triloka Hata, P.S. - Barharia, District - Siwan.

3.

PRABHAWATI DEVI Wife of Late - Sudarshan Sah, Resident of Village - Triloka Hata, P.S. - Barharia, District - Siwan. 4.

POONAM DEVI Wife of Santosh Sah, Resident of Village - Triloka Hata, P.S. - Barharia, District - Siwan.

5.

KAPILDEO BHAGAT @ KAPILDEO PRASAD Son of Late - Adalat Bhagat ,Resident of Village - Triloka Hata, P.S. - Barharia, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam Devika Rani For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Barharia P.S. Case No. 19 of 2021 registered for offence punishable under sections 448, 341, 323, 324, 325, 308, 354, 337, 379, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.45191 of 2021(2) dt.12-04-2022 2/3 As per allegation, ten accused persons named in the FIR were forcibly erecting wall on the land of the informant. On protest, Sunil Sah assaulted the informant. Similar allegation against other accused persons has also been levelled for assaulting the members of the informant side. The allegation against petitioner no. 1, Urmila Devi is that she assaulted Aditya Kumar and made him injured with brick bats and petitioner no.4 Poonam Devi snatched Mangalsutra from the neck of Ranju Devi. So far as petitioner nos. 2 and 3 is concerned, there is no specific allegation against them.

The learned counsel for the petitioners has submitted that both the parties are agnates and there is land dispute between them. He has submitted further that the petitioner nos.1 to 4 are lady and they have clean antecedents. Considered the above-mentioned facts and circumstances, specially the fact that the petitioner nos. 1 to 4 are lady and they have no criminal antecedents, let the petitioners, namely, (1) Urmila Devi, (2) Sangita Devi, (3)Prabhawati Devi, (4) Poonam Devi and (5) Kapildeo Bhagat @ Kapildeo Prasad, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like

Patna High Court CR. MISC. No.45191 of 2021(2) dt.12-04-2022 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Siwan in connection with Barharia P.S. Case No. 19 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T