Rabindra Chaudhari And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.21123 of 2016 (3) dt.29-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21123 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Rabindra Chaudhari

2. Sanjan Chaudhari @ Sanjay Chaudhary

3. Jitendra Chaudhari (S.No. 1 to 3 are son of Jairam Chaudhary)

4. Mukesh Kumar son of Jai Gobinda Chaudhary S. No. 1 to 4 Resident of village- Siswa Korar, P.s.- G.B. Nagar, District- Siwan

5. Rajesh Yadav Son of Yadav Chaudhary, R/o village- Bibika Bangra, P.S.- Barharia, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Ms. Gulnar Begum (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-07-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with G.B. Nagar P.S. Case No. 10 of 2016 for the offences registered under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is history of litigation between the parties and the present case has been lodged only because of vendetta. It is further submitted that all of the Sections are bailable whereas Section 308 of the IPC only is not so, as the informant has falsely implicated the petitioners in this case though the father of the informant had died after twenty days of the occurrence.

Patna High Court Cr.Misc. No.21123 of 2016 (3) dt.29-07-2016 Considering the nature of allegation made against the petitioner and that there is series of litigation between the parties and also the fact that the injuries are also found to be simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T