Keshri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84044 of 2019 Arising Out of PS. Case No.-401 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

KESHRI DEVI W/o Baya Yadav @ Ravindra Yadav (Correct name of her husband is Tej Narayan Yadav) Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

2.

Devaso Kuwar @ Devaso Devi, Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

3.

Sanoj Yadav S/o Surendra Yadav, Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

4.

Gorakh Yadav S/o Late Harendra Yadav, Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

5.

Kankar Yadav S/o Late Puneet Yadav, Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

6.

Yogendra Yadav S/o Late Harinandan Yadav, Resident of Village- Balbatra, P.S.- Arrah (Town), District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Arrah (Town) P.S. Case No.401 of 2019 registered under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the Indian Penal Code. The informant alleged that while he was talking with his family members at about 11:00 in the night on 14.08.2019, Sikandar Yadav came to his house and asked the informant to come out. His nephew came out from his house. Sikandar Yadav

Patna High Court CR. MISC. No.84044 of 2019(3) dt.17-06-2020 2/3 started assaulting him with fists and slaps but the quarrel was pacified. On 15.08.2019 at about 5:00 in the morning while the informant was returning from natural call, the informant saw that Rajendra Yadav @ Baman Yadav, Yogendra Yadav, Harendra Yadav, Baya Yadav @ Ravindra Yadav and Gorakh Yadav all were assaulting the nephew of the informant with fists and slaps. The informant also went there. Md. Gulfam came to save but the accused persons assaulted him with fists and slaps. They returned to their house and thereafter at about 7:00 in the morning, Manoj Yadav, Sanoj Yadav, Kankad Yadav, Shankar Yadav, Binod Kumar, Keshari Devi, Devaso Devi and 15-20 unknown persons having armed with different weapons came and began to abuse the informant and others.

Rajendra Yadav @ Baman Yadav is alleged to have assaulted the informant with lathi on his head. Md. Nurain also got injury. Learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R. but no specific allegation of assault is made against the petitioners. Petitioner nos.1 and 2 are ladies and no specific allegation of assault is made against petitioners.

Learned A.P.P., however, opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.84044 of 2019(3) dt.17-06-2020 3/3 Having considered the facts and the nature of allegations made against the petitioners and the fact that no specific allegation is made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 C.J.M., Bhojpur at Arrah in connection with Arrah (Town) P.S. Case No.401 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T