Neha Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25702 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -DAUDPUR District- SARAN ======================================================
1. Neha Kumari, D/o Prem Prasad Barnawal,
2. Shivam Kumar, son of Prem Prasad Barnawal, Both Resident of VillageBangra, P.S.- Daudpur, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2018 Heard both sides.
The petitioners apprehend their arrest in Daudpur P.S. Case No.9 of 2018 registered under Section 307 and other minor Sections of the Indian Penal Code.
The petitioners, Neha Kumari and Shivam Kumar are alleged to have assaulted Baby Devi, mother of the informant and Neha Kumari further alleged to have assaulted Milki Kumari, the sister of the informant with iron rod on her head. The learned counsel for the petitioners submits that father, four sons and daughter are made accused by the informant on account of petty family disputes. Only verbal altercation took place but the informant and his family members got manufactured
the injury report. The informant made his fardbeyan on 21.01.2018 but the F.I.R. was lodged on 24.01.2018. The F.I.R. was received in the Court on 27.01.2018. It is further submitted that the injuries found on the person of the mother and sister of the informant are simple and superficial in nature. Similarly situated co-accused, father and three sons have already been enlarged on anticipatory bail vide order dated 25.04.2018 passed in Cr. Misc. No.25223 of 2018.
It appears that fardbeyan was made in Sadar Hospital, Chapra on 21.01.2018 and the same was received by Daudpur P.S. on 24.01.2018. 26.01.2018 happens to be holiday, therefore, F.I.R. was received in the Court on 27.01.2018 but there appears that there was some altercation between two sides and the injuries alleged to have been caused by the petitioners are simple and superficial in nature.
Considering the facts aforesaid, the petitioners, above named, 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) each with two sureties of the like amount each to the satisfaction of Sri R.M.Tiwari, learned Judicial Magistrate 1st
Class, Saran at Chapra in connection with Daudpur P.S. Case No.9 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T