Sudesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17274 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- BANDEYA District- Aurangabad ====================================================== 1.

Sudesh Chaudhary, Son of Late Rajgeer Chaudhary, Resident of Village - Bela Varish, P.S.- Bandeya, District - Aurangabad (Bihar). 2.

Shyam Sundar Devi, Wife of Sudesh Chaudhary, Resident of Village - Bela Varish, P.S.- Bandeya, District - Aurangabad (Bihar). 3.

Pramod Chaudhary, Son of Sudesh Chaudhary, Resident of Village - Bela Varish, P.S.- Bandeya, District - Aurangabad (Bihar). 4.

Sanjay Chaudhary, Son of Sudesh Chaudhary, Resident of Village - Bela Varish, P.S.- Bandeya, District - Aurangabad (Bihar). 5.

Reena Devi, Wife of Sanjay Chaudhary, Resident of Village - Bela Varish, P.S.- Bandeya, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 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, 308, 379, 504 and 506/34 of the IPC.

The prosecution case, as per the written report of Nanku Chaudhary, submitted to the Station House Officer, Bandeya Police Station, is to the effect that the petitioners came and started abusing the son and daughter-in-law of the informant. It

Patna High Court CR. MISC. No.17274 of 2019(2) dt.26-03-2019 2/3 is specifically alleged that petitioner no.3, Pramod Chaudhary assaulted with 'Baletha' on the head of the son of the informant and when the daughter-in-law of the informant came to rescue him, she was assaulted by petitioner no.4, Sanjay Chaudhary. It is submitted by learned counsel for the petitioners that the injuries of the informant's side have been found superficial simple in nature. There is counter version of the occurrence also, being Bandeya P.S. Case No. 46 of 2018, lodged by petitioner no.5 against the informant's side. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that at least accusation against petitioner nos. 3 and 4 is specific.

Considering the nature of accusation, injuries of the informant's side being found superficial simple in nature and the counter version of the occurrence, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount

Patna High Court CR. MISC. No.17274 of 2019(2) dt.26-03-2019 3/3 each to the satisfaction of learned C.J.M., Aurangabad in connection with Bandeya P.S. Case No. 45 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T