Balmiki Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3645 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- NARHATT District- Nawada ====================================================== 1.

Balmiki Chaudhary son of Lakhan Chaudhary, R/o Vill- Murhetachak, P.S.- Narhat, District- Nawada.

2.

Shambhu Chaudhary son of Lakhan Chaudhary, R/O Vill- Murhetachak, P.S.- Narhat, District- Nawada.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This application, for grant of anticipatory bail, arises out of Narhat (Sitamarhi) P.S. Case No. 284/18, disclosing offences under Sections 341, 323, 325, 307, 354, 447, 379, 504, 506 and 34 of the Indian Penal Code. Allegation as per F.I.R. is that while the informant was busy in domestic work, co accused Jitendra Chaudhary entered inside the house and started teasing her and on protest, Jitendra Chaudhary assaulted her by means of iron rod on her leg and when the son of informant, namely, Praveen came to save her, he was assaulted on his head by these appellants by means of iron rod and others pelted brick and stones. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.3645 of 2019(3) dt.26-03-2019 2/2 that they have falsely been implicated in this case and there is case and counter case between the parties and persons from both the sides have received injuries.

Learned counsel for the State opposed the prayer for bail on the ground that in this case injury sustained by the injured was found to be grievous in nature, which is evident from the case diary itself.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather they should surrender before the court below and pray for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, without being prejudiced by the order of this Court.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T