Purnmasi Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25086 of 2015 Arising Out of PS.Case No. -377 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Purnmasi Chaudhary son of Late Bijali Chaudhary

2. Prabhu Chaudhary son of Late Bijali Chaudhary Both residents of village - Din Dayal Nagar, P.S. - Bagaha, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,379 and 307/34 of the Indian Penal Code.

It is specifically alleged that co accused Surendra Choudhary caught hold of the informant when co accused Om Prakash Choudhary assaulted with lathi to the informant when the wife of the informant came to rescue she was assaulted by Surendra Choudhary causing grievous injury. When the son of the informant Subhash Kumar came to rescue then petitioner no. 1 and co accused Sanjay Choudhary assaulted with iron rod. The other son of the informant was also assaulted by Maksudan

Patna High Court Cr.Misc. No.25086 of 2015 (2) dt.21-07-2015 2/2 Choudhary and Om Prakash Choudhary.

It is submitted by the learned counsel for the petitioners that that only one injury to the wife of the informant was found to be grievous though specific accusation against petitioner no. 1 is to have assaulted Subhash who has received simple injury. There is no specific accusation against petitioner no. 2 and the petitioners are agnates of the informant side. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned ACJM, Bagaha in connection with Bagaha P.S. Case No. 377 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T