Rajesh @ Rajesh Kumar Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58499 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Rajesh @ Rajesh Kumar Choudhary, S/o Amar Shankar Choudhary,
2. Patanjali Kumar Choudhary @ Patanjali, S/o Amar Shankar Choudhary,
3. Mamta Kumari @ Kumari Mamta, W/o Amar Shankar Chaoudhary, All R/o Village- Bagwara, P.S.- Muffasil (Sanghaul O.P.), DistrictBegusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Muffasil P.S. Case No. 87 of 2017 instituted for the offence under Sections 341, 323, 504, 506, 376, 511, 427 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the instant case has been filed by the informant due to land dispute. The informant is sister of the vendor of these petitioners from whom they have purchased the land vide Sale deed dated 20.8.2013. The informant being the full sister of the vendor of these petitioners is trying to forcibly take possession of the land in
Patna High Court Cr.Misc. No.58499 of 2017 (3) dt.19-01-2018 2/3 question.
In the written report there is allegation against petitioner Nos. 1 and 2 of assaulting the informant by butt of pistol and iron rod on back, leg and left hand of the informant whereas allegation against petitioner No. 3 is of snatching earring of the informant. Case diary has been received.
The injury report is available with the case diary wherein the Doctor has found one lacerated wound size 3" x 1⁄2" x skin deep over left arm besides bruise and swelling. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 87 of 2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each
Patna High Court Cr.Misc. No.58499 of 2017 (3) dt.19-01-2018 3/3 and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T