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Patna High CourtCR. MISC./67674/2019bail granted

Sugia Devi @ Buliya Devi v. The State Of Bihar

2019-10-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67674 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- KHAIRA District- Jamui ====================================================== 1.

SUGIA DEVI @ BULIYA DEVI Wife of Sri Ayodhya Yadav @ Ayodhi Yadav Resident of Village- Panbharwa, P.S.- Khaira, District- Jamui. 2.

Ayodhya Yadav @ Ayodhi Yadav Son of Late Baudhi Yadav Resident of Village- Panbharwa, P.S.- Khaira, District- Jamui. 3.

Kameshwar Yadav Son of Sri Ayodhya Yadav @ Ayodhi Yadav Resident of Village- Panbharwa, P.S.- Khaira, District- Jamui. 4.

Upendra Yadav Son of Ayodhya Yadav @ Ayodhi Yadav Resident of VillagePanbharwa, P.S.- Khaira, District- Jamui. 5.

Guli Yadav @ Guljari Kumar Son of Sri Ayodhya Yadav @ Ayodhi Yadav Resident of Village- Panbharwa, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Khaira P.S. Case No. 234 of 2019 registered for the offences punishable under Sections 376, 323 of the Indian Penal Code and Sections 3/4 of Dyan Act.

As per complaint case, on the basis of which FIR was registered, petitioner No.2 is said to have committed rape upon the complainant/informant and when she went to make complaint about the same petitioner No.1 called her dyne and petitioner Nos. 3 to 5 abused and assaulted her.

Patna High Court CR. MISC. No.67674 of 2019(2) dt.24-10-2019 2/2 Submission of learned counsel for the petitioners is that no such occurrence took place and there is no medical report available on the record. Further submission is that so far petitioner Nos. 3 to 5 are concerned, there is allegation of rape against them and there is general allegation of assault and petitioner No.1 is lady. Further it is submitted that good sense is developed between the parties and they have settled the dispute. Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 234 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T