Niraj Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44772 of 2016 Arising Out of PS.Case No. -376 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================
1. Niraj Chaudhary S/o Late Nitya Nand Chaudhary
2. Ankesh Chayudhary S/o Niraj Chaudhary, Both residents of Dumaria Bujurg, P.S. Parbatta District- Khagaria.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-12-2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Parbatta P.S. Case No.376 of 2015 for the offences registered under section 307 and other minor Sections of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that petitioner no.1 was making firing in air in a marriage ceremony and the informant forbade to do so but petitioner no.1 became furious and gave assault of butt of his rifle causing head injury to the informant and so far as petitioner no.2 is concerned, it is said that he gave dagger blow to the informant. The impugned order of the court below goes to show that the
Patna High Court Cr.Misc. No.44772 of 2016 (2) dt.05-12-2016 2/3 informant sustained two injuries, one injury was found on mid of head and another injury was found on left arm. First injury is said to have been caused by hard and blunt substance whereas second injury is said to have been caused by sharp cutting weapon. Both the injuries were found simple in nature.
Contention on behalf of the petitioners is that there is case and counter case between the parties and, as a matter of fact, petitioners and the prosecution party are agnates and due to petty reason, a quarrel took place between the parties and both parties assaulted each others.
Paragraph-3 of the petition goes to show that petitioners do not have any criminal antecedent.
The grievance of the petitioners is that no case under Section 307 of the I.P.C. is made out and so far as allegation of making firing in air is concerned, the same has been inserted in this case with a view to make the allegation graver. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief
Patna High Court Cr.Misc. No.44772 of 2016 (2) dt.05-12-2016 3/3 Judicial Magistrate Ist, Khagaria in Parbatta P.S. Case no. 376 of 2015 subject to condition as laid down under section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) N.H./- U T