Kalo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62971 of 2019 Arising Out of PS. Case No.-60 Year-2014 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

KALO DEVI Wife of Chhattu Yadav Resident of Village - Gulariyachak, P.S.- Magadh Medical College, Dist.- Gaya.

2.

Anisha Devi Wife of Bablu Kumar @ Baldeo Kumar Resident of Village - Gulariyachak, P.S.- Magadh Medical College, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kail Yadav Son of Sri Sohan Yadav Resident of Village - Gulariyachak, P.S.- Magadh Medical College, Dist.- Gaya.

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Shri Ashok Kumar, the learned APP appearing for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 60 of 2014 , for the offence punishable under Sections 307 and 326 of the Indian Penal Code.

The allegation is regarding a complaint petition

Patna High Court CR. MISC. No.62971 of 2019(7) dt.12-06-2020 2/3 having been filed by the complainant alleging therein that the accused persons including the petitioners herein had come to the house of the complainant and assaulted him, resulting in the complainant sustaining some injury and resultantly falling down on the ground.

The learned counsel for the petitioners has submitted that the petitioners are innocent and are having a clean antecedent. It is further submitted that the main assailant is the other co-accused person namely Chathu Yadav and as far as the petitioners are concerned, they have no complicity in the matter.

The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners and taking into account the fact that main assailant is one Chathu Yadav, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners, above named, are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each

Patna High Court CR. MISC. No.62971 of 2019(7) dt.12-06-2020 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 60 of 2014 , subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T