Nanhak Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40370 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- DINARA District- Rohtas ====================================================== 1.
Nanhak Chaudhary, aged 55 years, Male, Son of Late Dudhnath Chaudhary. 2.
Manoj Chaudhary, aged 25 years, Male, Son of Nanhak Chaudhary. Both resident of Village - Bhui Tola, P.S.- Dinara, Distt - Rohtas. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Dinara P.S. Case No. 362 of 2018 (G.R. No.1209 of 2018), registered for the offence under Sections 341, 323, 354(B), 307, 504 and 506/34 of the Indian Penal Code. As per the F.I.R., on 10.09.2018 at about 3 PM. the present petitioners came to the house of the informant and started talking for compromise, when the compromise could not be materialized, they assaulted the informant and his family members and also tried to outrage the modesty of the mother of the informant. It has also been alleged that petitioner no.1 instigated other accused persons to kill all the family members. The petitioner has a criminal antecedent, but the present case has been lodged after 14 days of the incident and
Patna High Court CR. MISC. No.40370 of 2019(2) dt.02-07-2019 2/2 explanation for delay in lodging the case has not been given in the F.I.R. whereas the present petitioners have lodged a criminal case against the informant side on 11.09.2018 in connection with the same incident.
Looking to the aforesaid facts, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-I, Bikramganj, Rohtas, in connection with Dinara P.S. Case no.362 of 2018 (G.R. No.1209 of 2018), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) pawan/- U T