Lalmuni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66628 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
LALMUNI DEVI, Female, Aged about 39 years, Wife of Dhankishor Yadav, Resident of Village- Bagauchha, P.S.- Maharajganj, District- Siwan. 2.
Jitan Kumar Yadav @ Jitan Yadav, Male, Aged about 25 years, Son of Raj Kishor Yadav, Resident of Village- Bagauchha, P.S.- Maharajganj, DistrictSiwan. 3.
Munni Devi, Female, Aged about 44 years, Wife of Raj Kishor Yadav, Resident of Village- Bagauchha, P.S.- Maharajganj, District- Siwan. 4.
Pradeep Yadav @ Pradeep Kr. Yadav, Male, Aged about 18 years, Son of Dhan- Kishor Yadav, Resident of Village- Bagauchha, P.S.- Maharajganj, District- Siwan.
5.
Mala Devi, Female, Aged about 22 years, Wife of Rakesh Yadav @ Laddu, Resident of Village- Bagauchha, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-10-2019 Heard both sides.
The petitioners apprehend their arrest in Maharajganj P.S. Case No.184 of 2019, registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. The informant named 13 persons including these five petitioners and alleged that Raj Kishore Yadav assaulted him with farsa on his head. Thereafter Pradeep Yadav, petitioner no.4, Appu Yadav, Dipu Yadav, Chhabila Yadav, wife of Raj Kishore Yadav, Lalmuni Devi, Mala Devi all came having
Patna High Court CR. MISC. No.66628 of 2019(2) dt.23-10-2019 2/3 armed with different weapons and assaulted the wife, son and nephew of the informant with different weapons and seriously inured them.
Learned counsel for the petitioners submits that there is no specific allegation of assault against all the five petitioners. Raj Kishore Yadav got two injuries. Both the injuries are lacerated and caused by hard and blunt object and are simple in nature. The wife of the informant got one lacerated wound which is also caused by hard and blunt object and simple in nature. Nephew and son of the informant also got one lacerated wound which was caused by hard and blunt object and simple in nature. The occurrence took place due to land dispute and there is counter version being Maharajganj P.S. Case No.185 of 2019.
Taking into consideration the facts that there appears that both sides on account of land dispute engaged amongst themselves and made assault on each other in which no specific allegation of assault is made against the petitioners and the injuries found on persons of the injured are simple in nature, let 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 enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.66628 of 2019(2) dt.23-10-2019 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Siwan in connection with Maharajganj P.S. Case No.184 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T