Madan Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7447 of 2016 Arising Out of PS.Case No. -617 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Madan Chaudhary S/o Parmeshwar Chaudhary, R/o Nakhas Chauk Sahwajpur Andarkila, P.S.- Hajipur, District- Vaishali and

2. Kundan Kumar, S/o Mahendra Chaudhary, R/o Anjan Peer, P.S.- Hajipur, District- Vaishali. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Hajipur Town P.S. Case No. 617 of 2015, disclosing offences under Sections 452, 436, 307, 506 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is a land dispute between the petitioners and the informant arising out of execution of a sale deed by the brother of petitioner no. 1 in favour of the informant. She contends that there is specific allegation against co-accused Rajni Kumari and Seema Chaudhary of setting the informant on fire, who have been granted anticipatory bail by this Court. She also contends that the injury report does not fully support the prosecution version. It has been

Patna High Court Cr.Misc. No.7447 of 2016 (2) dt.15-03-2016 2/2 stated in paragraph 3 of the application that the petitioner no. 2 has no criminal antecedent and petitioner no. 1 has been made accused in a case registered by the father of the present informant. Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 617 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T