Lakshmeena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55943 of 2019 Arising Out of PS. Case No.-476 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Lakshmeena Devi, aged 45 years, (F), W/o Sri Siddhnath Mishra, R/o Village- Masarh, P.S.- Udawant Nagar, District- Bhojpur. 2.
Vijya Kumari, aged 20 years (F), D/o Sri Siddhnath Mishra, R/o VillageMasarh, P.S.- Udawant Nagar, District- Bhojpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Pankaj Kumar Singh, Advocate.
For the Opposite Party :
Mr.Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341,323, 307 and 325 of the IPC.
The prosecution story, in brief, is that on 10.12.2018 at about 8.00A.M., the father of the informant, namely, Krishna Sharan Mishra and his younger brother Niranjan Mishra were unloading sand from the Tractor at his house. In the meantime, his uncles, namely, Siddhnath Mishra, Uday Mishra, Ajay Mishra, Lakshmeena Devi, Meera Kunwar, Vijya Kumari (petitioner no. 2), Vaishnavi Kumari and Abhishek Mishra
Patna High Court CR. MISC. No.55943 of 2019(3) dt.16-11-2019 2/3 armed with Farsa, Sword, Iron rod, Khanti came and co-accused Siddhnath assaulted with Farsa on the head of his father causing head injury and he fell down. Co-accused Uday assaulted with Sword on his father causing nose injury, Co-accused Ajay assaulted with Bhujali on his father causing hand injury and Lakshmeena Devi (petitioner no. 1) assaulted with rod causing leg injury.
It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Petitioner no. 1 is alleged to have given a singal Iron rod blow upon the father of the informant Krishna Sharan Mishra. As far as petitioner no.2 is concerned, there is no allegation of assault against her. Petitioners are ladies.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of
Patna High Court CR. MISC. No.55943 of 2019(3) dt.16-11-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara, in connection with Udwant Nagar (Gajrajganj) P.S.Case No. 476/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T