Subhawati Devi @ Ramawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61717 of 2017 Arising Out of PS. Case No.-239 Year-2017 Thana- KATEYA District- Gopalganj ======================================================
1. Subhawati Devi @ Ramawati Devi, Wife of Nathuni Chauhan
2. Jyoti Devi, Wife of Chhathu Chauhan, Both are Resident of Village- Khudi Chhapar Kateya, P.S.- Kateya, DistrictGopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad For the Opposite Party/s :
Mr. S.M. RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the IPC.
The prosecution case, as per the written report of Tarkeshwar Sonar is to the effect that on 20.08.2017 at 8.30 PM a dance programme was going on in the Sataisa ceremony of the son of one Bharat Kamkar, in which altercation took place between the younger brother of the informant, namely, Upendra Sonar and Chhathu Chauhan. Though the matter was pacified on the intervention of public, but after some time Chhathu Chauhan returned along with other accused persons, armed with knife, lathi, danda, stones and bricks and they surrounded Upendra
Patna High Court Cr.Misc. No.61717 of 2017(2) dt.21-12-2017 2/3 Sonar and attacked him. It is specifically alleged that Nathuni Chauhan, Chhedi Chauhan and Chhathu Chauhan assaulted the brother of the informant, Upendra Sonar by knife, screw driver and nose-pier and when the informant along with his brothers, mother, Kaushalya Devi and daughter, Gudia came to his rescue, then they were also assaulted.
It is submitted by learned counsel for the petitioners that accusation of assault is omnibus and general against 11 accused persons and the specific accusation of assault is against three accused persons namely, Nathuni Chauhan, Chhedi Chauhan and Chhathu Chauhan, who are not the petitioners before this Court. Petitioners are the ladies. There is counter versions of the occurrence also. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Considering the fact that accusation against petitioners is omnibus and general, there is counter version of the occurrence and that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of
Patna High Court Cr.Misc. No.61717 of 2017(2) dt.21-12-2017 3/3 like amount each to the satisfaction of learned ACJM-XV, Gopalganj in connection with Kateya P.S. Case No. 239 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T