Yashoda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41307 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MUFFASIL DistrictAurangabad ====================================================== 1.

YASHODA DEVI Wife of Arvind Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad.

2.

Rinki Kumari Daughter of Ambika Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad. 3.

Arvind Singh Son of Kirit Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad.

4.

Ambika Singh Son of Kirit Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad.

5.

Manoj Singh Son of Kirit Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad.

6.

Saryu Singh @ Sarjoo Singh Son of Late Jaydayal Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad. 7.

Anil Singh Son of Late Ramadhar Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad.

8.

Upendra Singh Son of Late Deo Nandan Singh Resident of Village - Renu Bigha, P.S.- Muffasil, District - Aurangabad. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Kamlendra Pd. Singh, Advocate.

For the Opposite Party:

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 308, 379, 504/34 of the Indian Penal Code registered in connection with Muffasil P.S. Case No. 16 of 2019.

3. It is submitted that the petitioners have been falsely implicated on the accusation of variously assaulting the

Patna High Court CR. MISC. No.41307 of 2019(3) dt.19-09-2019 2/2 persons on the informant's side causing injury. It is submitted that the accusation of assault is general and omnibus except against petitioner nos. 3, 4, 5 and co-accused Minta . It is submitted that Ambika Singh, petitioner no. 4 was on guard duty at Police Centre, Auragabad on the date of occurrence. There is no injury report to corroborate the accusation of assault by Manoj Singh, petitioner no. 5. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard. Learned APP refers to paragraph-34 of the case diary containing the injury report of Shobha Devi which discloses as many as four injuries caused by sharp cutting instruments and are grievous in nature. Learned counsel for the informant further states that Niranjan Kumar has sustained five injuries of grievous nature resulting from the assault attributing to the petitioner nos. 3 and 4. So also Nikhil Kumar has sustained four injuries of grievous nature attributed to the assault by Arvind Singh, petitioner no. 3. The petitioner no. 1 Yashoda Devi is specifically alleged to have handed a sword to her husband Arvind Singh, petitioner no. 3 to aid the assault by him.

5. Having regard to the nature of accusations, gravity of the offence alleged and the nature of injuries sustained by the informant's side, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T