Shyamlal Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80613 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- DURAULI District- Siwan ====================================================== 1.

SHYAMLAL GOND, Male, aged about 36 years.

2.

Shyambali Gond, Male, aged about 30 years.

Both are sons of late Kailash Gond.

3.

Munni Devi, female, aged about 20 years, daughter of Late Kailash Gond. All are resident of Village - Daraili Mathiya Pakari Par Tola, P.S.- Darauli, District - Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Darauli P.S. Case No.75 of 2019, registered for the offence under Sections 341, 323, 337, 338, 302, 504 and 506/34 of the Indian Penal Code. As per the F.I.R., all the accused persons including these petitioners have hurled abuses upon the wife of the informant and when she objected, they started assaulting his wife and son and inflicted Labda blow on the head of the wife of the informant. As a result of which, she became unconscious,

Patna High Court CR. MISC. No.80613 of 2019(5) dt.20-01-2021 2/2 thereafter the son and wife of the informant were brought to the hospital where the wife of the informant declared dead. Learned counsel for the petitioners submits that no specific allegation of assault has been made against petitioner no.3, inasmuch as, she is a lady.

In such view of the matter, let the petitioner no.3, namely, Munni Devi, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Siwan, in connection with Darauli P.S. Case No.75 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

So far the bail of petitioner nos.1 and 2 is concerned, the same is rejected.

(Shivaji Pandey, J) pawan/- U T