Sulekha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63612 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- GAYA MUFASIL District- Gaya ======================================================
1. Sulekha Devi, W/o Ajit Kumar Vind @ Ajit Kumar,
2. Subhash Vind @ Subhash Beldar, S/o late Dasai Vind.
3. Shiv Kumar Vind, S/o Subhash Vind@ Subhash Beldar, All Resident of Village- Sikahar School, P.S. Mufassil, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate.
For the Opposite Party/s :
Mr.Sri Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 203 of 2018, registered under Sections 341, 323, 504 and 308/34 of the Indian Penal Code. The accusation is that in the morning of 09.06.2018, Chhotu Kumar, son of informant, went at the door of petitioners for playing ball. At that time, son of petitioner no. 2 threw ball at his son due to that reason scuffle started in both children, upon which, petitioner no. 1, Sulekha Devi, wife of petitioner no. 2 came with lathi and gave lathi blow at the head of his son,
Patna High Court Cr.Misc. No.63612 of 2018(3) dt.04-02-2019 2/3 in which, he become unconscious. Thereafter, Sunita Devi and Devrani Devi, wife and mother of informant, Sambhu Bind, rushed to save his son then both were also assaulted by petitioners.
Learned counsel for the petitioners submits that, in fact, son of the informant sustained head injury through ball in course of playing ball with Shiv Kumar Vind (petitioner no. 3), son of petitioner nos. 1 and 3, but with ulterior motive the present case has been lodged with false allegation. It is further submitted that witnesses, in paragraphs 6 and 7 of the case diary, have also admitted in their statement that the injury received by the son of the informant through ball in course of playing ball and the injury, as found on the person of the son of the informant is simple in nature. Further submission is that petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Mufassil P.S. Case No. 203 of 2018,
Patna High Court Cr.Misc. No.63612 of 2018(3) dt.04-02-2019 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T