Dubli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77282 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- KATORIYA District- Banka ====================================================== 1.

Dubli Devi Wife of Mantu Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka.

2.

Birma Devi Wife of Tankan Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka.

3.

Reena Devi Wife of Santlal Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka.

4.

Anjani Devi Wife of Prakash Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka.

5.

Mohan Yadav Son of Mittan Yadav Resident of Village-Jakhjor, Police Station-Katoria, District-Banka.

6.

Mittan Yadav Son of Toji Yadav Resident of Village-Jakhjor, Police StationKatoria, District-Banka. 7.

Sant Lal Yadav Son of Toji Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka.

8.

Bijay Yadav @ Vijay Kumar Yadav Son of Lakshu Yadav Resident of Village-Hadhar, Police Station-Katoria, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Katoria P.S. Case No. 128 of 2019 for the offence registered under Sections 341, 323, 504, 324, 325, 307, 427, and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that though the petitioners are named in the FIR, there is no specific

Patna High Court CR. MISC. No.77282 of 2019(3) dt.09-12-2019 2/2 allegation attributed to them. It is further submitted that only allegation against the petitioners is that they were involved in the fight but no overt act has been alleged on them. It is further submitted that the main role has been attributed to one Prakash Yadav, whereas against the others there is only general and omnibus allegation. It is further submitted that petitioners No. 1 and 7 are having one antecedent in which they have been enlarged on bail. Petitioners No. 5 and 6 are having one criminal antecedent. Petitioners No. 2, 3, 4 and 8 have no criminal antecedent.

Considering the aforementioned facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks, be released 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 Judicial Magistrate Ist Class, Banka, in connection with Katoria P.S. Case No. 128 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) uma/- U T