Binay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17005 of 2018 Arising Out of PS.Case No. -55 Year- 2015 Thana -MEHANDIA District- JEHANABAD ====================================================== Binay Chaudhary Son of Late Kapil Chaudhary R/o Village - Sohsa, P.S. - Mehandiya, Distt. Arwal.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mehandiya P.S. Case No. 55 of 2017 for the offences punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the I.P.C.

Allegedly, in the occurrence the petitioner assaulted the informant Rajni Devi with sickle on her forehead causing cutting and bleeding.

Submission is of false implication, husband of the informant is habitual drinker and he always create nuisance after taking wine and on the objection made by the petitioner and others he has lodged false case through his wife, there is no allegation for

Patna High Court Cr.Misc. No.17005 of 2018 (2) dt.05-04-2018 2/2 repeating the blow and no sharp cut injury has been found on the person of the informant Rajni Devi, all the three injuries are simple in nature caused by hard and blunt substance, vide Annexure-2/1, and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that on the frontal part of the head injury has been found on the person of the informant. In the facts and circumstances stated above, considering that the informant has received three simple injuries caused by hard and blunt substance and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Arwal in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T