Jaymala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70447 of 2021 Arising Out of PS. Case No.-718 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.
JAYMALA DEVI WIFE OF KRITYANAND YADAV RESIDENT OF VILLAGE- MADANPUR WARD NO 10 YADAV TOLA, P.S- ARARIA (MADANPUR), DIST- ARARIA 2.
SUBHASH YADAV @ SUBHASH KUMAR SON OF KRITYANAND YADAV RESIDENT OF VILLAGE MADANPUR WARD NO 10 YADAV TOLA, P.S- ARARIA (MADANPUR), DIST- ARARIA 3.
NITU KUMAR D/O OF KRITYANAND YADAV RESIDENT OF VILLAGE- MADANPUR WARD NO 10 YADAV TOLA, P.S- ARARIA (MADANPUR), DIST- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354(B), 379, 307, 447, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no.1 and 3 are women aged about 46 and 21 years respectively, petitioner no.2 is a young boy aged about 19 years and the
Patna High Court CR. MISC. No.70447 of 2021(2) dt.27-07-2022 2/3 informant alleges that on orders of petitioner no.1, petitioner no.2 assaulted the daughter of the informant by lathi on her head and the petitioner no.3 assaulted the informant by lathi on her hand causing injury.
Learned counsel for the petitioners submits that the occurrence took place on a trivial issue relating to dispute with regard to cutting of grain, it is next submitted that petitioners are not criminals. Learned counsel submits that the assault committed by petitioner no.2 was not repeated and the injury on the head of the daughter of the informant is simple in nature. No doubt the petitioner no.3 is alleged to have assaulted the informant by lathi on her hand but the injury is said to be grievous. It is further submission of the learned counsel for the petitioners that though injury is grievous in nature but it is on non-vital part of the body.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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/-
Patna High Court CR. MISC. No.70447 of 2021(2) dt.27-07-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Araria (Madanpur) P.S. Case No. 718 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T