Baby Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38083 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -JAIPUR District- BANKA ======================================================

1. Baby Devi, Wife of Govind Yadav,

2. Sandeep Yadav, son of Govind Yadav, Both residents of Village- Upar Chak Nadia, Police Station- Jaipur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nihar Nandan Ambasta For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the parties.

Petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 354 504/34 of the Indian Penal Code.

The prosecution case as per the written report submitted before SHO, Jaipur Police Station is to the effect that on 28-032018, Gobind Yadav, Baby Devi (Petitioner No. 1), Manish Yadav and Sandeep Yadav (Petitioner No. 2) came and assaulted on the head of the informant with stone. The mother of the informant was also assaulted and it is also alleged that the accused persons snatched a silver chain from neck of mother of the informant. It is submitted on behalf of the petitioners that accusation of assault has been levelled against four persons but only one cut injury has been found on the right side of the neck of

Patna High Court Cr.Misc. No.38083 of 2018 (2) dt.06-07-2018 informant caused by sharp cutting weapon. The injury is simple in nature. The petitioner side also lodged a case being Jaipur P.S. Case No. 10 of 2018 against the informant with accusation of offences punishable under Sections 147, 148, 149, 341, 323, 379, 354, 307, 504, 506 of the Indian Penal Code.

Learned counsel for the State submits that petitioners are named in the FIR and allegation of causing injury has been levelled against them.

Considering the accusation being omnibus and general in nature and the fact that the only corresponding injury is found to be simple in nature, let the above named petitioners, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate-Ist, Banka in connection with Jaipur P.S. Case No. 11 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) A.K.V./- U T