Uriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47397 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- JADIA District- Supaul ====================================================== 1.

Uriya Devi, aged about 54 years, Gender, Female, WIFE OF LATE VASUDEV RAM 2.

KAMLESHWARI RAM, aged about 64 years, Gender, Male, SON OF LATE TIPU RAM @ ADHIK RAM Both are resident of VILLAGE- PARSAGARHI TOLA, KUPARI, WARD NO. 03, PS- JADIYA, DIST- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shahid Aqubal, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Shahid Aqubal learned counsel appearing on behalf of the petitioners and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Jadiya P.S. Case No. 224 of 2023 registered for the offence(s) punishable under Sections 341, 323, 427, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners, who are close relatives of the informant, have allegedly threatened the informant and his family members and in the said course, Kamleshwari Ram (petitioner no.2) assaulted the informant.

Patna High Court CR. MISC. No.47397 of 2024(2) dt.07-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that no case under Section 307 of IPC is made out against the petitioners. The family members were indulged in family dispute for mutual adjustment of their respective share, which has been disputed by the informant and thereafter a false case has been lodged against the petitioners. Petitioners have clean antecedents.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that petitioners have clean antecedents, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Supaul in connection with Jadiya P.S. Case No. 224 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal

Patna High Court CR. MISC. No.47397 of 2024(2) dt.07-08-2024 3/3 antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T