Patna High Court
Aduliya Devi @ Arhuliya Devi vs The State Of Bihar on 17 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17334 of 2021
Arising Out of PS Case No.-160 Year-2020 Thana- JAYNAGAR District- Madhubani
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1. Aduliya Devi @ Arhuliya Devi, aged about 65 years, Female Wife of
Chhedi Yadav.
2. Luhani Devi, aged about 60 years, Female, Wife of Nathuni yadav.
3. Rina Devi, aged about 28 years, Female, Wife of Amir Lal Yadav.
All are resident of Village- Lasakaria, Police Station - Janagar, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh with
Mr. Jitendra Singh, Advocates
For the State : Dr. Indiwar Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-06-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of
motion slip filed by learned counsel for the petitioners on
15.06.2021, which was allowed.
3. Heard Mr. Rajesh Kumar Singh, learned counsel
along with Mr. Jitendra Singh, learned counsel for the petitioners
and Dr. Indiwar Kumari, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State.
4. The petitioners apprehend arrest in connection with
Jaynagar PS Case No. 160 of 2020 dated 16.05.2020, instituted
under Sections 147, 148, 149, 341, 323, 342, 379, 427, 324, 307,
504, 506 of the Indian Penal Code and 27 of the Arms Act, 1959.
Patna High Court CR. MISC. No.17334 of 2021 dt.17-06-2021
5. The petitioners are named accused along with 10
others and the allegation is that they were also party to the assault
on the informant side and the specific allegation being that they
were throwing stones.
6. Learned counsel for the petitioners submitted that
besides being ladies, the dispute relates to ancestral property and
the parties are agnates. It was submitted that as per the FIR itself,
it was the male members who got into scuffle and the overt acts
are alleged against them but to involve all the family members, a
cosmetic addition has been made that the present three lady
petitioners also threw stones. It was submitted that they do not
have any criminal antecedent.
7. Learned APP submitted that the petitioners were also
party to the assault. However, it was not denied that the only role
assigned to them is that they were throwing bricks.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of the
learned SDJM, Madhubani in Jaynagar PS Case No. 160 of 2020,
Patna High Court CR. MISC. No.17334 of 2021 dt.17-06-2021
subject to the conditions laid down in Section 438(2) of the Code
of Criminal Procedure, 1973 and further, (i) that one of the bailors
shall be a close relative of the petitioners, (ii) that the petitioners
and the bailors shall execute bond and give undertaking with
regard to good behaviour of the petitioners and (iii) that they shall
co-operate with the police/prosecution and the Court. Any
violation of the terms and conditions of the bonds or the
undertaking or failure to co-operate shall lead to cancellation of
their bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioners, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioners.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
