Patna High Court - Orders
Kaushaliya Devi vs The State Of Bihar on 26 April, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10656 of 2019
Arising Out of PS. Case No.-159 Year-2018 Thana- KARPI District- Jehanabad
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KAUSHALIYA DEVI, Wife of Ram Bhawan Yadav, Resident of Village -
Karwa Balram, P.S.-Karpi, District- Arwal
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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with
CRIMINAL MISCELLANEOUS No. 15986 of 2019
Arising Out of PS. Case No.-159 Year-2018 Thana- KARPI District- Jehanabad
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1. RAJESH KUMAR YADAV, Son of Ram Bhawan Yadav Resident of Village
- Karwa Balram, P.S.- Karpi, District - Arwal.
2. Rakesh Kumar Yadav, Son of Ram Bhawan Yadav Resident of Village -
Karwa Balram, P.S.- Karpi, District - Arwal.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
(In both the cases)
For the Petitioner/s : Mr.Anita Kumari Singh
For the Opposite Party/s : Mr.Avinish Kumar Singh
Mr. Dhaneshwar Vashit
For the State : Mr. Upendra Kumar
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 26-04-2019As both the cases arise out of the same P.S. case number, as such both the cases have been taken up together for disposal.
Petitioners in both the cases seek bail in anticipation of their arrest in connection with Karpi P.S.Case No. 159 of 2018 registered for the offences under Sections 341, 323 and Patna High Court CR. MISC. No.10656 of 2019(3) dt.26-04-2019 2/3 307/34 of the Indian Penal Code.
So far petitioner Kaushaliya Devi is concerned, allegation against her is that she assaulted and further so far petitioners Rajesh Kumar Yadav and Rakesh Kumar Yadav are concerned, there is allegation that they have assaulted by rod on the head of son of the informant, causing injury.
Submission of learned counsel for the petitioners in both the cases is that there is land dispute between the parties a title suit is going and so far petitioner Kaushaliya Devi is concerned, there is no whisper about the weapon used by her and no doubt one injury is found to be grievous in nature but there is allegation of assaulted against all the petitioners that they have assaulted.
Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that one of the injuries was found to be grievous.
Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.10656 of 2019(3) dt.26-04-2019 3/3 Additional Chief Judicial Magistrate-IV, Arwal, in connection with Karpi P.S.Case No. 159 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) spal/-
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