Indu Devi vs The State Of Bihar
2021 Latest Caselaw 2528 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 35514 of 2020
             Arising Out of PS Case No.-96 Year-2020 Thana- AMARPUR District- Banka
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1. Indu Devi, aged about 25 years, Sex- Female, Wife of Lakhan Yadav.

2. Kartik Yadav, aged about 21 years, Sex- Male, Son of Basu Yadav.

Both are resident of Village- Dumrama, PS- Amarpur, District- Banka.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Advocate For the State : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Kamlesh Kumar Pathak, learned counsel

for the petitioners and Mr. Ramchandra Sahni, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Amarpur PS Case No. 96 of 2020 dated 18.02.2020, instituted

under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian

Penal Code.

4. The allegation against the petitioners and others is of

having assaulted the informant and her other family members

causing various injuries.

Patna High Court CR. MISC. No.35514 of 2020 dt.22-06-2021

5. Learned counsel for the petitioners submitted that the

parties are agnates and there is a case and counter case and the

petitioners' side has also received injuries. Learned counsel

submitted that even as per the FIR, there is general and omnibus

allegation of assault against the petitioners who are ladies and

other male members. Learned counsel submitted that the injury

reports of the victims, copies of which have been brought on

record as Annexure-2 series in the present application, discloses

that the same are simple in nature. It was submitted that the

petitioners have no criminal antecedent.

6. Learned APP submitted that the petitioners have also

assaulted. However, it was not controverted that the allegation is

general and omnibus.

7. 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 Chief Judicial Magistrate, Banka in Amarpur PS Case No.

96 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one Patna High Court CR. MISC. No.35514 of 2020 dt.22-06-2021

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.

8. 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.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T