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Patna High CourtCR. MISC./42819/2023bail granted

Kalawati Devi v. The State Of Bihar

2023-08-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42819 of 2023 Arising Out of PS. Case No.-109 Year-2017 Thana- PAHARPUR District- East Champaran ====================================================== 1.

KALAWATI DEVI Wife of Dadan Yadav Resident of village - Majhariya, P.S. - Malahi, Distt. - East Champaran 2.

Gulabi Devi @ Dulari Devi Wife of Braj Kishor Yadav Resident of village - Majhariya, P.S. - Malahi, Distt. - East Champaran 3.

Rumali Devi Wife of Lalan Yadav Resident of village - Majhariya, P.S. - Malahi, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rashmi Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 324, 447, 307, 427, 504, 506, 379 of Indian Penal Code.

3. Petitioner no. 1 (Kalawati Devi) and co-accused Urmila Devi are only alleged to have caught the mother of informant by hair, dragged her on the ground and thereafter, assaulted her with fists and slaps. Petitioner no. 3 (Rumali Devi) is alleged to have taken away the hasuli worth Rs. 25,000/- from the neck of mother of informant, whereas, there is no specific allegation against petitioner no. 2 (Gulabi Devi).

4. It is submitted on behalf of petitioners that both

Patna High Court CR. MISC. No.42819 of 2023(2) dt.07-08-2023 2/2 parties are agnates and there is land dispute between the parties. Police, after investigation, submitted final form and these petitioners were not sent up for trial. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur (Malahi) P.S. Case No. 109 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T