Sumitra Devi @ Sumitra Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67727 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

Sumitra Devi @ Sumitra Kumari Devi Wife of Subodh Yadav @ Subodh Kumar Yadav Resident of Baltikarkahana, Police Station - Mojahidpur, District - Bhagalpur.

2.

Lata Devi Wife of Raja Yadav @ Raju Prasad Yadav Resident of Baltikarkahana, Police Station - Mojahidpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Mojahidpur P.S. Case No. 86 of 2021, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on 30.03.2021 brother of informant went to the house of co-accused Ajit Kumar Yadav and asked to return Rs. 24,000/- which was earlier taken as loan by him from the informant for his sister's marriage on which the accused persons refused to return the said amount and also assaulted the brother of informant and one Pappu Yadav by

Patna High Court CR. MISC. No.67727 of 2021(2) dt.18-07-2022 2/2 means of lathi. Co-accused Lalita Devi snatched silver chain, phone and cash of Rs. 1500/-.

It is submitted that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. There is case and counter case. Case lodged by petitioner's side is earlier in point of time bearing Mojahidpur PS Case No. 85 of 2021 against the brothers of informant. Petitioners are ladies having clean antecedents. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 86 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T