Gorakh Choudhary And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.14646 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14646 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Gorakh Choudhary wife of Late Rameshwar Choudhary

2. Chhotu Choudhary @ Deo Kumar, Son of Gorakh Choudhary

3. Raj Kumar @ Raj Kumar Choudhary, son of Gorakh Choudhary

4. Prabhu Choudhary son of Late Ramawtar Choudhary, All residents of village- Baraich, P.s.- Nawhatta, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nawhatta Police Station Case No. 01 of 2016, disclosing offences under Sections 341, 323, 504, 509 and 307/34 of the Indian Penal Code.

Learned Counsel for the petitioners has submitted that the allegation of assault as alleged in the First Information Report is general and omnibus. The petitioners have no criminal antecedent.

Considering the submission as above, this application

Patna High Court Cr.Misc. No.14646 of 2016 (2) dt.22-04-2016 is allowed.

Let the petitioners, namely (1) Gorakh Choudhary (2) Chhotu Choudhary @ Deo Kumar (3) Raj Kumar @ Raj Kumar Choudhary and (4) Prabhu Choudhary, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Nawhatta Police Station Case No. 01 of 2016, subject to the condition 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.) Amit/- U T