Vibha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58505 of 2018 Arising Out of PS.Case No. -384 Year- 2018 Thana -SONEPUR District- SARAN ======================================================
1. Vibha Devi, W/o Jai Mangal Rai,
2. Rani Kumari, D/o Jai Mangal Rai, Both R/o Vill.- Sabalpur Nawal Tola, P.S.- Sonepur in the District of Saran, Chapra. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Braj Nandan Kumar Tiwary, Advocate. For the Opposite Party : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 324, 307, 326, 504 and 379 of the IPC.
The prosecution story, in brief, is that on 25.04.2018, at about 20.40 P.M. the petitioners alongwith other attacked on the informant with a view to kill him. Co-accused Jai Mangal Rai assaulted him with Daab on the neck of the informant causing hand injury and his wife (petitioner no. 1 Vibha Devi) attacked on him with Daab due to which his right hand was cut, again coaccused Jai Mangal Rai attacked with Daab due to which his right
Patna High Court Cr.Misc. No.58505 of 2018 (2) dt.08-10-2018 2/3 thumb was cut and separated from his hand. Petitioner no. 2 Rani Kumari assaulted the informant with rod on his back. Co-accused Raja Rai assaulted with butt portion of pistol to the informant's son due to which his head was cut. Petitioner no. 2 Rani Kumari has also assaulted him and his son with rod. The informant became unconscious and regained his consciousness in the hospital. Petitioner no. 2 Rani Kumari snatched gold chain from the neck of the informant amounting to Rs. 60,000/-. Co-accused Jai Mangal Rai assaulted third time on the informant due to which he received cut injury on his neck.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is case and counter case between the parties. The alleged occurrence has taken place due to petty reason. The petitioners are ladies. The main allegation is coaccused Jai Mangal Rai. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender
Patna High Court Cr.Misc. No.58505 of 2018 (2) dt.08-10-2018 3/3 before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Saran at Chapra, in connection with Sonepur P.S. Case No. 384 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T