Rakesh Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79406 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- MAHUA District- Vaishali ======================================================
1. Rakesh Chaudhary Son of Ram Khelawan Chaudhary
2. Ram Khelawan Chaudhary Son of Yoga Chaudhary
3. Priyanka Kumari Daughter of Rakesh Chaudhary
4. Lalita Devi Wife of Rakesh Chaudhary All are resident of village-Singhara, Police Station- Mahua, district- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anita Kumari Singh, Adv For the Opposite Party/s :
Mr.Sri Bharat Bhushan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341,323,324,504,307,379/34 of the Indian Penal Code. Both sides are agnates. Allegation is of commission of assault. Petitioner No.1-Rakesh Chaudhary allegedly assaulted with sharp cutting weapon causing injury at the vertex at the right side of the informant.
Considering the nature of allegation against Petitioner No.1-Rakesh Chaudhary, who had knowledge that his act might cause death, I am not inclined to enlarge him on
Patna High Court Cr.Misc. No.79406 of 2018(2) dt.28-01-2019 2/2 anticipatory bail. Hence, prayer is refused.
Other petitioners who are having no specific allegation of commission of assault on any vital part of the body, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mahua P.S.Case No. 187 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T