Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56201 of 2019 Arising Out of PS. Case No.-592 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

ASHA DEVI, aged about 30 years, Female, Wife of Sunil Sah Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa 2.

Manjula Devi, aged about 25 years, Female, Wife of Sanjeev Sah Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

3.

Geeta Devi, aged about 70 years, Female, Wife of Late Binod Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

4.

Soniya Devi, aged about 25 years, Female, Wife of Budhan Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

5.

Prity Kumari, aged about 20 years, Female, D/o Binod Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

6.

Yashoda Devi @ Yaso Dha, aged about 45 years, Female, Wife of Rajo Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

7.

Lalo Devi, aged about 45 years, Female, Wife of Raj Kumar Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

8.

Beena Devi, aged about 40 years, Female, Wife of Mukesh Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

9.

Maruyan Devi, aged about 35 years, Female, Wife of Suresh Sada Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

10.

Maya Devi, aged about 75 years, Female, Wife of Late Lakshmi Mukhiya Resident of Village - Kamrail Tola Kishanpur, P.S.- Sour Bazar, (Patarghat O.P.), Distt - Saharsa.

... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Chandra Mohan Jha, Adv.

For the State :

Mr. Akbar Ali, APP For the Informant :

M/s. Md. Anisur Rahman & Akram Naiyar, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

Patna High Court CR. MISC. No.56201 of 2019(2) dt.04-09-2019 2/3 04-09-2019 Heard learned counsel for the petitioners, the learned counsel for the informant and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 592 of 2018 for the offences alleged under Sections 341, 323, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.

The accusation is of causing assault by 27 persons, including the petitioners, to the informant, Asharfi Mukhiya, Kiran Devi, Fulo Mukhiya, Vinod Mukhiya, Anandi Mukhiya, Anil Mukhiya and Nathuni Devi.

Learned counsel appearing for the petitioners submits that in fact occurrence of marpeet took place in between the male members of the family of petitioners and informant in which petitioners' side also sustained injury regarding which Sour Bazar (Patarghat O.P.) P.S. Case No. 591 of 2018 was instituted. More over, while the petitioners, who are lady, named in the first information report, no overt act has been attributed against them and the injuries, as found on the persons of the informant and others, are simple in nature, except one injury, as found on the head of Kiran Devi and on the eye brow of Fulo Mukhiya, caused by hard and blunt substance.

Patna High Court CR. MISC. No.56201 of 2019(2) dt.04-09-2019 3/3 Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 592 of 2018 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T