Shibu Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23877 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================

1. Shibu Choudhary, Son of late Dillo Choudhary

2. Deepak Choudhary

3. Mithun Choudhary @ Mithilesh Choudhary Both are Son of Bajrangi Choudhary, All are resident of Village- Sultanpur Bhitti, P.S. Sabour, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. U.S.Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 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, 448, 325, 354B, 337/34 of the Indian Penal Code.

The prosecution case is that on 20.07.2015 the son of the informant Ratan Kumar was coming home, while on the way he started drinking water on the Government handpump, in the meantime, petitioner no. 1, Shibu Choudhary came and started abusing and assaulting him. The son of the informant in order to save his life came home, when petitioners and one Mithun

Patna High Court Cr.Misc. No.23877 of 2016 (2) dt.26-05-2016 Choudhary entered into the house and on the order of petitioner no. 1, Shibu Choudhary, petitioner no. 2 Deepak Choudhary assaulted the son of the informant, as a result after receiving injury he fell down. When the informant came to rescue his son, then she was also pushed down on the earth. Accused persons pulled the clothes of the informant as a result she became semi nude.

It is submitted by the learned counsel for the petitioners that injury of the son of the informant has been found to be simple in nature. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners 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 Md. Samim, learned J.M., Bhagalpur in connection with Sabour P.S. Case No. 145 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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