Patna High Court granted anticipatory bail to Bharat Yadav and Girja Devi in connection with a PS Case alleging assault and hurt, releasing them on bond as per Section 438(2) Cr.P.C.
Release of petitioners on bail on furnishing bond of Rs. 10,000 each with two sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24779 of 2019
Arising Out of PS. Case No.-62 Year-2018 Thana- NAWADA MUFFASIL District- Nawada
======================================================
... ... Petitioner/s
The State of Bihar
Versus ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nawada Mufassil P.S. Case no. 62 of 2018, registered under Sections 341, 323, 324, 325, 307, 379 and 354/34 of the Indian Penal Code.
Petitioner Bharat Yadav is said to have assaulted on the hand of the daughter of the informant namely Pooja Kumari inflicting fracture injury on her hand while petitioner Girja Devi is said to have assaulted on the head of the informant by means of garasa.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.24779 of 2019(2) dt.17-04-2019 2/2
Petitioners have been falsely implicated in the case. There is a case and counter case between the parties. Case of the petitioners is earlier to the case under hand. There is inordinate and abnormal delay of 6 days in lodging the F.I.R. by the informant. The injury sustained by Pooja Kumari is on nonvital part while the injury on the head of the informant has been found by the doctor as simple in nature caused by hard and blunt substance and not by sharp cutting weapon. Petitioner no.2 happens to be lady. 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 four 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 learned C.J.M., Nawada in connection with Nawada Mufassil P.S. Case No. 62 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
mantreshwar/- U T
1 issue framed by the court
Whether petitioners entitled to anticipatory bail in case alleging assault and mischief.
1 provisions across 1 enactments
Bharat Yadav
Girja Devi
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
