Gangiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34827 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- GHOGHARDIHA District- Madhubani ====================================================== Gangiya Devi. W/o Jibachh Yadav, Resident of Village- Basuari, P.S.- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate.

For the Opposite Party/s :

Mr. Matloob Rab, APP Mr. Baleshwar Kamat, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends her arrest in connection with Ghoghardiha P.S. Case No. 59 of 2020, registered under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the morning of 05.05.2020, informant, Chandeshwar Yadav, was going to his onion field. In the meantime, three persons named in the FIR including the

Patna High Court CR. MISC. No.34827 of 2020(2) dt.26-03-2021 2/3 petitioner due to land dispute started to abuse. When the informant made protest then Jibachh Yadav, husband of the petitioner and Shailendra Kumar Yadav, having lathi, Khanti and spade, started to cause assault to him. At that time, petitioner, spread chilly powder at his eyes. On raising Hullah, his nephew, Harinarayan Yadav came to save him then he was also assaulted. Learned counsel for the petitioner submits that occurrence took place due to land dispute, in which, petitioner's sides also sustained injury, regarding which, Ghoghardiha P.S. Case No. 60 of 2020 is also instituted on the basis of Fradbeyan of Jibachh Yadav, husband of the petitioner. Further submission is that the all injuries, as found on the person of the informant and his nephew, Harinarayan Yadav, are simple in nature, except one injury of Harinaryan Yadav, which is not attributed against the petitioner. Further submission is that petitioner, who is lady, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.

Patna High Court CR. MISC. No.34827 of 2020(2) dt.26-03-2021 3/3 Jhanjharpur, in connection with Ghoghardiha P.S. Case No. 59 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T