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Patna High CourtCR. MISC./44932/2015bail granted

Gauri Shankar Chaudhary @ Gauri Chaudhary v. The State Of Bihar

2015-11-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44932 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -NAUHATTA District- SAHARSA ====================================================== Gauri Shankar Chaudhary @ Gauri Chaudhary, Son of Late Nageshwar Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saket Tiwary, Advocate For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsels for the petitioner, informant and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 384, 323, 307/34 of the Indian Penal Code.

The prosecution case is that the informant was doing plantation when co-accused Durgesh Chaudhary and Bhagwat Chaudhary came and demanded Rs.25,000/- as extortion and thereafter on the order of co-accused Shiv Shankar Chaudhary, the petitioner assaulted with iron rod on the head of the informant.

It is submitted by learned counsel for the petitioners that the injury has been found to be simple in nature and the accusation has been levelled in the background of Title Suit No.

Patna High Court Cr.Misc. No.44932 of 2015 (3) dt.02-11-2015 2/2 09 of 2009 being pending between the parties from before. There is counter version of the occurrence also. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned Judicial Magistrate, 1st Class, Saharsa in connection with Nauhatta P.S. Case No. 200 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T