Japanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73624 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- KASMA District- Aurangabad ====================================================== 1.
JAPANTI DEVI Wife of Yogendra Yadav Resident of Village- Chitrasari, P.S.- Kasma, District- Aurangabad 2.
KAVITA KUMARI D/O Yogendra Yadav Resident of Village- Chitrasari, P.S.- Kasma, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the parties.
The petitioners apprehend their arrest in a case registered for the offence under Section 307, 379 & other allied sections of the Indian Penal Code.
As per the prosecution case, while the son of informant was sitting at his door, all the F.I.R. named accused persons including both petitioners came and started abusing him and thereafter, co-accused Yogendra Kumar assaulted with Garasa on his head. These petitioners are alleged to have put Gamachha around the neck of the informant's son. It is submitted on behalf of petitioners that specific accusation of assault is against other co-accused persons and
Patna High Court CR. MISC. No.73624 of 2022(2) dt.07-04-2023 2/2 these petitioners are only alleged to have put Gamachha after tying the same around the neck of the informant's son, but no corresponding injury has been found by the doctor. There is case and counter case. Police, after investigation, submitted chargesheet against other co-accused persons and petitioners were not sent up for trial, however; differing with the same, learned Court below took cognizance against all the accused persons including these petitioners. Petitioners are ladies and claim clean antecedent.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Aurangabad in connection with Kasma P.S. Case No. 31 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T