← Library
Patna High CourtCR. MISC./42038/2016disposed

Sikendra Chaudhary @ Sikandar Chauhary And ORS v. The State Of Bihar

2016-11-19Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42038 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -OBRA District- AURANGABAD ======================================================

1. Sikendra Chaudhary @ Sikandar Chauhary

2. Sobhnath Chaudhary @ Shobhnath Kumar @ Sommath Chaudhary both S/o Ramjee Chaudhary

3. Ramjee Chaudhary @ Ramjee Chaudhary S/o Late Bhadai Chaudhary

4. Karu Singh @ Binod Singh S/o Late Dharmdeo Singh

5. Bhuwar Chaudhary @ Ram Pravesh Chaudhary S/o Late Bhadai Chaudhary All R/o Village-Navner, P.S.-Obra, District-Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of Petitioner no. 1 Sikendra chaudhary @ Sikandar Chauhary.

Prayer is allowed. Accordingly, the anticipatory bail petition of Petitioner no. 1 Sikendra Chaudhary is dismissed as withdrawn.

Anticipatory bail petition of Petitioner no. 2 Sobhnath Chaudhary @ Shobhnath Kumar @ Somnath Chauhary and Petitioner no. 5 Bhuwar Chaudhary @ Ram Pravesh Chaudhary have already been dismissed as withdrawn vide order dated 27.09.2016.

Patna High Court Cr.Misc. No.42038 of 2016 (3) dt.19-11-2016 2/3 Heard both sides.

Petitioner no. 3 Ramjee Chaudhary @ Ramjee Chauhary and Petitioner no. 4 Karu Singh @ Binod Singh apprehend their arrest in Obra P.S. Case No. 23/2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

Petitioner nos. 3 and 4 are alleged to have assaulted the informant and his son but the injuries are simple in nature. There is a counter version being Obra P.S. Case No. 24/2016. Urmila Devi, w/o Ramjee Chaudhary (Petitioner no. 3) is the informant of the case. The informant of the present case and others who are accused in the case lodged by the side of the petitioner have already been granted anticipatory bail vide Cr. Misc. No. 20272/2016.

Considering the facts aforesaid and the fact that there is a case and counter case and on account of assault made by the petitioners simple injury is found on the informant and his son, Petitioner nos. 3 and 4 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount

Patna High Court Cr.Misc. No.42038 of 2016 (3) dt.19-11-2016 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 23/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T