Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37282 of 2020 Arising Out of PS. Case No.-127 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

KALAWATI DEVI Wife of Vinod Pasi Resident of Village - Sanda, P.S.- Kutumba, District - Aurangabad.

2.

Sunaina Kumari Daughter of Vinod Pasi Resident of Village - Sanda, P.S.- Kutumba, District - Aurangabad.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Amit Anand, Advocate.

For the State :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 18.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Kutumba P.S. Case No.127 of 2019 registered under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code.

The accusation is that on 16.08.2019 at about 09.00

Patna High Court CR. MISC. No.37282 of 2020(2) dt.01-07-2021 2/3 A.M., when the informant Krishna Choudhary was at his door, then he saw the door of his lane broken, then the informant made query on which Sundan Kumar and Chandan Kumar started to abuse and became adamant to cause assault to the informant. At that time, Sundan Kumar caused injury at the forehead of the informant through Khanti. In the meantime, on hearing the noise, Shivam Kumar, the son of the informant, came out of the house, then he was also assaulted. In that course, Chandan Kumar caused injury at the forehead of Shivam Kumar through Danda and also caused fracture injury at the right hand of the informant through Danda. The mother and the sister of Sundan Kumar caused assault to the daughter-in-law of the informant.

Learned counsel for the petitioners submits that the petitioners are mother and the sister of the co-accused Sundan Kumar and have falsely been implicated in this case. In fact, due to petty dispute, hot exchange of words took place between the male members of both the parties but, only to put undue pressure, the petitioners, who are ladies, have falsely been implicated in this case. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.37282 of 2020(2) dt.01-07-2021 3/3 the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Kutumba P.S. Case No.127 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T