← Library
Patna High CourtCR. MISC./31642/2014disposed

Dashrath Chaudhary And ORS v. The State Of Bihar

2015-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31642 of 2014 Arising Out of PS.Case No. -46 Year- 2014 Thana -KAUAKOL District- NAWADA ======================================================

1. Dashrath Chaudhary s/o Rameshwar Chaudhary

2. Ashish Chaudhary @ Ramashish Chaudhary s/o Dasrath Chaudhary.

3. Mahendar Chaudhary s/o Peru Chaudhary All R/o - vill - Shokha Devra, P.S. - Kawakol, Distt - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.K.Khare (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 The application with regard to petitioner nos. 1 and 2 has already been permitted to be withdrawn. Heard learned counsel for the petitioner no. 3 and the State.

The petitioner nos. 3 is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307 and 379 of the Indian Penal Code. It is specifically alleged that Dashrath Chaudhary ordered to kill the informant and her husband when Rajesh Chaudhary (non petitioner) with axe and Ashish Chaudhary (petitioner no. 2) with pasuli assaulted the husband of the informant and when the informant went to save her husband Dashrath Chaudhary (petitioner no. 1) and Lallan Chaudhary (non petitioner) assaulted her and snatched gold ear ring and

Patna High Court Cr.Misc. No.31642 of 2014 (3) dt.03-02-2015 chain.

It is submitted by the learned counsel for the petitioner no. 3 that specific accusation of assault or snatching jewellary is against others. No overt act has been alleged against the petitioner.

Considering the aforesaid facts, let the above named petitioner no. 3 be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada in connection with Kawakol P.S. Case No. 46 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T