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Patna High CourtCR. MISC./30083/2016bail granted

Rajesh Kumar And ORS v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30083 of 2016 Arising Out of PS.Case No. -445 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Rajesh Kumar S/o Sri Indradeo Chaudhary

2. Kanchan Chaudhary @ Kanchan Kumar S/o Sri Indradeo Chaudhary

3. Ranjan Chaudhary @ Ranjan Kumar S/o Sri Indradeo Chaudhary

4. Peti Chaudhary S/o Sri Indradeo Chaudhary All are resident of Mohalla Bibiganj Tari Godown P.S. Danapur, District- Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Kumar, Advocate.

For the Opposite Party : Mr. Dr. Mrityunjaya Kr. Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.

The petitioners apprehend their arrest in Danapur P.S. Case No. 445 of 2015 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that when he reached near his house he saw some persons quarreling with his mother. The petitioners seeing the informant began to assault him with fists, slaps and bricks.

Learned counsel for the petitioners submits that there is a counter version being Danapur P.S. Case No. 444 of 2015. The case of the petitioner is earlier in point of time. Rajesh Kumar alleged that the petitioner and others came and assaulted Indradeo

Patna High Court Cr.Misc. No.30083 of 2016 (3) dt.21-10-2016 2/2 Chaudhary, Pankaj Chaudhary, Rajesh Kumar and others. While Vikash Kumar, the informant of the present case, was fleeing away he collided with the wall and got injuries. It appears that Vikash Kumar got one lacerated wound on his head and two abrasions on left and right hand. All the three injuries are opined to be simple in nature.

Considering the facts aforesaid and the fact that there is case and counter case and the informant got simple injuries, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on 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, Danapur, Patna in Danapur P.S. Case No. 445 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T