Pravesh Chaudhari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22863 of 2018 Arising Out of PS. Case No.-261 Year-2017 Thana- Piro District- Bhojpur ======================================================

1. Pravesh Chaudhari, Son of Bhim Chaudhari.

2. Durgawati Devi alias Durgawati Kumari, D/o Pravesh Chaudhari.

3. Asha Devi alias Asha Kumari, Wife of Umesh Chaudhari, All residents of Village- Mothi Bal, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey For the Opposite Party/s :

Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Piro P.S. Case No. 261 of 2017 registered for offences under sections 147, 148, 149, 323, 341, 307, 504 & 506 of the Indian Penal Code.

The cause of dispute is the son of Informant and, for trivial reason, an allegation has been made that the accused persons including the petitioners have assaulted the Informant and her family member when the male members were not there. Learned counsel for the petitioners submits that two persons, namely, Bhim Chaudhari and Gandhi Chaudhari

Patna High Court Cr.Misc. No.22863 of 2018(2) dt.27-04-2018 2/3 alias Gandhi Kumar have been granted bail by the court of learned Chief Judicial Magistrate on their surrender and, that is why, the names of aforesaid two persons have been deleted from the present application.

Let the petitioner nos. 2 & 3, namely, Durgawati Devi alias Durgawati Kumari and Asha Devi alias Asha Kumari, being lady, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Ara in connection with Piro P.S. Case No. 261 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been cancelled.

However, the prayer for anticipatory bail of the petitioner no.1, namely, Pravesh Chaudhari is rejected but, if he surrenders before the court below within a period of three weeks from today, the court below, taking into consideration that Bhim

Patna High Court Cr.Misc. No.22863 of 2018(2) dt.27-04-2018 3/3 Chaudhari and Gandhi Chaudhari have been granted bail by the court below itself, will pass orders in accordance with law. (Shivaji Pandey, J) rishi/- U T