Umarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47402 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

UMARAWATI DEVI Wife of Raghubir Sah Resident of Village - Pachaura, Police Station - Dhanauti O.P., District - Siwan. 2.

Amit Sah Son of Raghubir Sah Resident of Village - Pachaura, Police Station - Dhanauti O.P., District - Siwan.

3.

Navin Kumar Son of Raghubir Sah Resident of Village - Pachaura, Police Station - Dhanauti O.P., District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 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 Siwan (M) Dhanauti O.P. P.S. Case No. 23 of 2021 registered for offence punishable under sections 147, 148, 149, 341, 323, 307, 504, 506/34 of the Indian Penal Code.

The learned counsel for the petitioners has submitted that both the parties are agnates, there is previous dispute between them and the defense side have also lodged case against the members of prosecution side. It has been submitted further that the

Patna High Court CR. MISC. No.47402 of 2021(4) dt.30-08-2022 2/2 allegation against petitioner nos. 1 and 3 are general and omnibus. So far as petitioner no. 2 is concerned, there is a specific allegation that he assaulted the informant with farsa on her head. The injury report of informant Sunita Devi shows that she has suffered two injuries caused by hard and blunt substance, in which injury no. 1 is simple in nature, which is attributed against petitioner no. 2, whereas injury no. 2 is grievous in nature, i.e. fracture of right arm, but it is not attributed against petitioner no. 2. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan (M) Dhanauti O.P. P.S. Case No. 23 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