Manti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51219 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Manti Devi Wife of Vijay Yadav, Resident of Village - Milki, P.S.- Warisaliganj, Distt - Nawada.

2.

Uga Devi Wife of Lalan Yadav, Resident of Village - Milki, P.S.- Warisaliganj, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2019 Heard both sides.

Petitioners apprehend their arrest in Warisaliganj P.S. Case No.03 of 2019 registered under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code.

The informant (the widow of deceased) alleged that on 05.01.2019 some dispute arose between two sides for flow of water of hand pump. Her husband asked the informant to go back. In the meantime, Lalan Yadav assaulted her husband with iron rode on his head. Vijay Yadav, Manti Devi (petitioner no.1) and Uga Devi (petitioner no.2) also assaulted the informant and her husband. The petitioners are alleged to have assaulted the husband of the informant with bricks.

Patna High Court CR. MISC. No.51219 of 2019(2) dt.17-08-2019 2/3 Learned counsel for the petitioners submits that the petitioners are ladies. The informant did not get any injury nor she was examined by any doctor. Rambriksh Yadav (husband of the informant) got one injury caused by hard and blunt object on his head and on account of which, Rambriksh Yadav died. The author of the injury found on the head of Rambriksh Yadav is Lalan Yadav. No other injury was found on the body of Rambriksh Yadav, which would appear from perusal of postmortem report. It appears that the informant made specific allegation that Lalan Yadav assaulted her husband Rambriksh Yadav with iron rod on his head. The informant further alleged that Vijay Yadav and Manti Devi (petitioner no.1) also assaulted the informant and her husband.

It is submitted that the informant did not receive any injury nor she was examined by any doctor. The doctor, who had held post-mortem on the body of Rambriksh Yadav, found one lacerated wound on the head of Rambriksh Yadav. Lalan Yadav is alleged to have assaulted Rambriksh Yadav with iron rod on his head. Rambriksh Yadav did not get any other injury.

Having considered the facts aforesaid and the fact that the petitioners are ladies, the above named petitioners, in the

Patna High Court CR. MISC. No.51219 of 2019(2) dt.17-08-2019 3/3 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -I, Nawada in connection with Warisaliganj P.S. Case No.03 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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