Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69293 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

KIRAN DEVI Wife of Amirak Yadav Resident of Village - Sakardas Nawada, P.S.- Wajirganj, Distt.- Gaya.

2.

Malti Devi @ Anita Devi W/o Tirpit Yadav Resident of Village - Sakardas Nawada, P.S.- Wajirganj, Distt.- Gaya.

3.

Rinki Kumari D/o Amirak Yadav Resident of Village - Sakardas Nawada, P.S.- Wajirganj, Distt.- Gaya.

4.

Vikash Kumar @ Bikash Kumar Son of Amirak Yadav Resident of Village - Sakardas Nawada, P.S.- Wajirganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 2 For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Wajirganj P.S. Case No. 157 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 302 of the Indian Penal Code.

The allegation is regarding 20 accused persons including the petitioners herein having entered the house of the informant whereafter they had started abusing and assaulting the members of the prosecution side as also had snatched jewellery from them. It is further alleged that the co-accused persons namely Amirak Yadav and Tirpit Yadav had hit the uncle of the informant with axe in their hand on account of which the uncle of the informant had received grievous injury

Patna High Court CR. MISC. No.69293 of 2019(2) dt.20-11-2019 2/2 and had subsequently died.

The learned counsel for the petitioners has submitted that the allegation of assaulting the deceased is on the coaccused namely Amirak Yadav and Tirpit Yadav, however, as far as the petitioners are concerned, there are general and omnibus allegation against them and they have been falsely implicated in the present case. It is further submitted that the petitioners are having clean antecedents.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya in connection with Wajirganj P.S. Case No. 157 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

S.Sb/- (Mohit Kumar Shah, J) U T