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Patna High CourtCR. MISC./54537/2021allowed

Suman Devi @ Gangma Devi @ Suman Kumari v. The State Of Bihar

2022-07-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54537 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- SANGRAMPUR District- Munger ====================================================== 1.

SUMAN DEVI @ GANGMA DEVI @ SUMAN KUMARI Wife of Ashutosh Yadav, Resident of Village - Rainia, P.S.- Tetia Bamber (Sangrampur), District - Munger.

2.

Indu Devi Wife of Tripurari Yadav, Resident of Village - Rainia, P.S.- Tetia Bamber (Sangrampur), District - Munger.

3.

Sushila Devi Wife of Bharat Yadav, Resident of Village - Rainia, P.S.- Tetia Bamber (Sangrampur), District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2022 The learned counsel for the petitioners is directed to remove all the defects, if any, 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. Vide order dated 07.06.2022, this petition was dismissed as withdrawn with respect to petitioner no. 2. So far as petitioner nos. 1 and 3 are concerned, they apprehend their arrest in connection with Sangrampur P.S. Case No. 88 of 2021 registered for offence punishable under sections 341, 323, 324, 307, 504, 302/34 of the Indian Penal Code. As per allegation, co-accused Ashutosh Yadav was dumping soil in the courtyard of the informant. On protest, Ashutosh Yadav

Patna High Court CR. MISC. No.54537 of 2021(3) dt.11-07-2022 2/2 inflicted spade blow on the head of the informant. When Sukkar Yadav, the father of informant came there to rescue him, co-accused Tripurari Yadav inflicted spade blow on his head. The allegation against the petitioners is also of assaulting Sukar Yadav. Sukar Yadav died sustaining injuries.

The learned counsel for the petitioners has submitted that the petitioners are ladies and they have falsely been implicated in this case. He has also submitted that there is case and counter case. Considering the fact that petitioner nos. 1 and 3 are ladies, let them in the event of their arrest or surrender, within four weeks from today, 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 Judicial Magistrate 1st Class, Munger in connection with Sangrampur P.S. Case No. 88 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