Titu Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19385 of 2015 Arising Out of PS.Case No. -201 Year- 2014 Thana -RAJAUN District- BANKA ======================================================

1. Titu Choudhary son of Late Pairu Chaudhary

2. Bituli choudhary son of Late Pairu choudhary

3. Bindeshwari Choudhary Son of Titu Choudhary. All are resident of Village- Wamdeo , P.s Rajoun, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. It is alleged that when the informant was digging plinth then Titu Choudhary, petitioner no. 1 objected to it, thereafter the accused persons abused and assaulted the informant and when the son of the informant came to rescue, then he was also assaulted. The specific accusation of chopping left ear of the son of the informant is against petitioner no. 2 Bituli Choudhary. It is submitted by the learned counsel for the petitioners that one injury of the son of the informant has been found to be grievous, whereas the one injury of the informant

Patna High Court Cr.Misc. No.19385 of 2015 (2) dt.29-04-2015 opinion has been reserved and other injury has been simple. There is counter version of the occurrence. Petitioners side have also received injury.

Considering the specific accusation of chopping of ear of son of informant is against petitioner no.2, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner no.2 surrenders before the learned court below within a period of six weeks from today in connection with Rajoun P.S. Case No. 201 of 2014, pending in the court of learned Chief Judicial Magistrate, Banka. Considering allegation against petitioner nos. 1 and 3 being omnibus and general in nature and there is a counter version of the occurrence, let the above named petitioner nos. 1 and 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 201 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T