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Patna High CourtCR. MISC./71488/2018disposed

Puja Devi And ANR v. The State Of Bihar

2019-01-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71488 of 2018 Arising Out of PS. Case No.-854 Year-2017 Thana- NAWADA District- Nawada ======================================================

1. Puja Devi, Wife of Nanhku Manjhi,

2. Rajesh Manjhi, Son of Nanhku Manjhi, Both resident of Village- Harla, P.S.- Nawada (Kadirganj O.P.), District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioners and the State.

Learned counsel for the petitioners, after some arguments, seeks permission to withdraw the application with respect to petitioner no. 2 in order to enable him to surrender before the court below and seek regular bail. Should such an application be filed, the court below shall take into account that petitioner no. 2 is the neighbour of the informant and the injuries suffered by the victims are simple in nature. The court will also take into account that there is a counter version of the occurrence lodged by the father of petitioner no. 2. prayer is allowed.

The petition with respect to petitioner no. 2 is dismissed as withdrawn.

The petitioner no. 1, Puja Devi seeks bail in

Patna High Court Cr.Misc. No.71488 of 2018(3) dt.09-01-2019 2/2 anticipation of her arrest in connection with Nawada Town (Kadirganj O.P.) P.S. Case No. 854 of 2017 dated 12.12.2017 instituted for the offences under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. The occurrence is said to have taken place after the husband of petitioner no. 1 had slapped the son of the informant. On protest by the mother of the child, the husband and son of petitioner no. 1 along with others assaulted the family members of the informant. Regard being had to the nature of accusation and there being nothing specific against the petitioner no.

1, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town (Kadirganj O.P.) P.S. Case No. 854 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.