Gopal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68001 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Gopal Chaudhary, S/o Nandu Choudhary, R/o Village-Neyadhipur, P.S. Chandauti, Distt.-Gaya.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sunil Kumar Yadav, Advocate.

For the Opposite Party :

Mr. Rajendra Singh Shastriji, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 337, 307, 379, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on 20.07.2018, the informant was sleeping in her house with her husband and son. The accused persons came to the house and they began to assault her and her son. Petitioner Gopal Chaudhary gave a Pasuli blow on her left hand and further, he snatched away her silver chain. Accused persons also assaulted informant's husband.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.68001 of 2018(3) dt.17-01-2019 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. There is no injury report on the record. Hence, it cannot be ascertained whether an offence under Section 307 of the IPC is made out or not.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, in connection with Chandauti P.S. Case No. 165/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T