Indu Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34792 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Indu Devi W/o Tighan Yadav

2. Tighan Yadav @ Om Prakash Yadav S/o Kishun Yadav Both are Resident of Village Chandanpura, P.S. Surajgarha, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar, Advocate For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 448, 454, 308, 379/34 of the Indian Penal Code.

It is alleged that accused persons entered into the house of the informant and assaulted the daughter of the informant by lathi. It is alleged that co-accused Kokan Yadav snatched gold chain from grand daughter of the informant and when Bandana Kumari came to save her then Kokan Yadav assaulted her also and petitioner no. 1, Indu Devi snatched gold chain from grand daughter of the informant. Co-accused also took away Rs.7,000/- from

Patna High Court Cr.Misc. No.34792 of 2015 (2) dt.01-09-2015 the box which was kept in the house of the informant. It is submitted by the learned counsel for the petitioners that accusation of snatching gold chain is not specific against petitioner no. 1. Accusation of assault is omnibus and general. Except one injury found on the daughter of the informant other is simple. The grievous injury is found on the lower part of the leg. Statement has been made in para3 of the petition that petitioners have no criminal antecedent. Considering the fact that accusation is not specific against petitioner no. 2 and petitioner no. 1 is lady, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 82 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T