Vindo Chaudhary @ Binda Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38397 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
VINDO CHAUDHARY @ BINDA CHAUDHARY, Son of Late Legu Chaudhary, Resident of Village- Masuda, P.S.- Warisaliganj, Distt.- Nawada 2.
NEELAM DEVI, W/o Vindo Chaudhary @ Binda Chaudhary, Resident of Village- Masuda, P.S.- Warisaliganj, Distt.- Nawada ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Deepak Kumar, Adv.
For the Opposite Party :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 22.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.
Heard the parties through video conferencing. The petitioners seek pre-arrest bail in connection with Warisaliganj P.S. Case No. 26 of 2020, registered under Sections 341, 323, 307, 324, 443 and 427/34 of the Indian Penal Code. The accusation is that about 10.00 a.m. informant, Tunna Choudhary, was at his house, at that time, four persons, named in the first information report, including the petitioners, reached there and started to abuse and also entered in the house breaking the door and caused injury at the belly and hand of the
Patna High Court CR. MISC. No.38397 of 2020(2) dt.08-07-2021 2/3 informant through fasuli and also at the head, then, informant became unconscious and when family members rushed, the accused persons fled away. The informant, Tunna Choudhary, rushed to Police Station from where he was rushed to hospital. Submission is that in fact, due to drain occurrence of marpeet took place in between Shankar Choudhary, son of both the petitioners, and informant of present case, Tunna Choudhary, in which Shankar Choudhary also sustained injury regarding which Warisaliganj P.S. Case No. 27 of 2020 on 25.10.2020 was also instituted under Sections 341, 323 and 307/34 of the Indian Penal Code on the basis of the fardbeyan of Tetri Devi, wife of Shankar Choudhary. More over, five injuries were found on the persons of the informant, which are simple in nature, except injury no. 3, pain and swelling on the left hand, regarding which opinion is kept reserved. Both the petitioners are old persons and have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Warisaliganj P.S. Case No. 26 of 2020 shall 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
Patna High Court CR. MISC. No.38397 of 2020(2) dt.08-07-2021 3/3 the satisfaction of the Additional Chief Judicial Magistrate, I, Nawada, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T