Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57992 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

NILAM DEVI Wife of Vikash Paswan 2.

Phulmanti Devi Wife of Durga Paswan Both resident of Village - Mandachh, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioners apprehend their arrest in Deepnagar P.S. Case No.136 of 2019 registered under Sections 341, 323, 448, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant disclosed in his written application that Vikash Paswan and wife of Vikash Paswan(petitioner No.1), Durga Paswan and wife of Durga Paswan(petitioner No.2) entered into her house. The petitioners are alleged to have caught the hair of the mother of the informant and assaulted her and snatched earrings and bangles made of silver. Vikash Paswan was armed with iron rod and Durga Paswan was armed with pistol. Vikash Paswan assaulted his mother with iron rod

Patna High Court CR. MISC. No.57992 of 2019(2) dt.18-09-2019 2/3 on her head causing injury on the head of the mother of the informant and took away different articles.

The learned counsel for the petitioners submits that petitioners are wife of Vikash Paswan and Durga Paswan. They are only alleged to have caught the hair of the mother of the informant and snatched ornaments. There is no allegation of assault against the petitioners. It was Vikash Paswan who is alleged to have assaulted the mother of the informant with iron rod on her head. One injury was found on the head of the mother of the informant which is opined to be grievous in nature. No other injury was found on the body of the mother of the informant.

Taking into consideration the fact that there is no allegation of assault against the petitioners and petitioners are ladies and the fact that injuries found on the head of the mother of the informant is attributed to Vikash Paswan, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in

Patna High Court CR. MISC. No.57992 of 2019(2) dt.18-09-2019 3/3 connection with Deepnagar P.S. Case No.136 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T