Rajendra Chaudhary @ Rajo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34299 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -ROUH District- NAWADA ======================================================

1. Rajendra Chaudhary @ Rajo Chaudhary, son of Jagdish Chaudhary, resident of village- Mahraman, P.S. Roh, District- Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Roh P.S. Case No.28 of 2018 instituted for the offence under Section(s) 341, 323, 307, 504/34 Indian Penal Code.

Counsel for the petitioner has submitted that petitioner is own cousin brother-in-law of father of the informant. Instant case has been filed due to land dispute and also as counter blast to the case lodged by the wife of the petitioner against the father of the informant and others vide Roh P.S. Case No.22 of 2018.

In the instant case, there is allegation that this petitioner and others assaulted the informant and his father. Injury report of the informant is enclosed as Anenxure-3, which

Patna High Court Cr.Misc. No.34299 of 2018 (2) dt.22-06-2018 2/2 shows that he sustained simple injury. There is no injury sustained by the father of the informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Roh P.S. Case No.28 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Nawadah, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.