Shankar Chaudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.7842 of 2015 (2) dt.27-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7842 of 2015 Arising Out of PS.Case No. -176 Year- 2012 Thana -DUMRA District- SITAMARHI ======================================================

1. Shankar Chaudhary

2. Raghubir Chaudhary Both S/o Late Nathuni Chaudhary resident of Village Mahavir Chowk, Ward No. 7, P.S. Dumra, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8395 of 2015 Arising Out of PS.Case No. -176 Year- 2012 Thana -DUMRA District- SITAMARHI ======================================================

1. Shivaji Chaudhary Son of Late Nathuni Chaudhary resident of village - Mahavir Chowk, Ward No. 7, P.S. Dumra, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.7842 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s Mr. Nirmala Kumari (App) (In Cr.Misc. No.8395 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.02.2015 Both the above stated petitions arise out of Dumra P.S. Case no. 176/2012 registered under sections 341, 337, 354, 324 and 307/34 of the IPC in which petitioners apprehend their arrest and accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.7842 of 2015 (2) dt.27-02-2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

The accusation against petitioner in Cr. Misc. no. 8395/2015 is that he pierced Hasuli into right eye of Kusmi Devi and so far as rest petitioners are concerned, it is alleged that they assaulted some others with bricks.

Admittedly, present case was lodged on the basis of written report of the informant Naresh Paswan. Moreover, injury report of victim, Kusmi Devi reveals that she has sustained only one injury near her eye-brow and said injury appears to be simple in nature caused by hard and blunt substance.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Dumra P.S. Case no. 176/2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T