Lalita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11220 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Lalita Devi, Wife of Sunil Yadav,

2. Manju Devi @ Anju Devi, D/o Kuleshwar Yadav.

3. Kaushalaya Devi, W/o Saroj Yadav.

4. Pramod Yadav @ Pradeep Yadav, son of Deoki Yadav.

5. Hemant Yadav @ Heman Yadav, Son of Late Daro Yadav @ Jalo Yadav @ Dhalo Yadav.

6. Musafir Yadav, son of Baleshwar Yadav, All are residents of VillageKamalpur, Police Station- Govindpur, District- Nawada. .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-04-2017 Heard both sides.

The petitioners apprehend their arrest in Govindpur P.S. case No. 74 of 2016 under Section 376/511, 354, 379 and other Sections of the Indian Penal Code.

The informant alleged that Lalita Devi was keeping cow dung and when informant asked her to clean the wastage, Saroj Yadav came and ill- behaved with her. Saroj Yadav assaulted the informant with axe and he made attempt to outrage her modesty. When Lalo Devi, Lalita Devi, Sunita Devi and Sushma Kumari came to save the informant, Sunil Yadav assaulted Lalo Devi with Khanti. Bengali Yadav and Kuleshwar Yadav assaulted Sushma Kumari. Pramod Yadav, petitioner No.4, is alleged to have snatched chain made of gold from the neck of Sushma Kumari.

Patna High Court Cr.Misc. No.11220 of 2017 (2) dt.03-04-2017 2/2 It is submitted that informant named 11 persons and made omnibus and general allegation that they all assaulted Dilip Yadav and Ramdeo Yadav. There is counter version. Dilip Yadav got one lacerated wound on his right pinna. Ramdeo Yadav got three injuries. Injury No.1 is simple in nature. Opinion with regard to injuryNo.2 is kept reserved. Injury No.3 is on right pinna. It is submitted that 11 persons are alleged to have assaulted Dilip Yadav and Ramdeo Yadav but Dilip Yadav got only one injury and Ramdeo Yadav got three injuries and all the injuries are superficial and simple in nature.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Govindpur P.S. Case No. 74 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T