Nanhaku Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30128 of 2017 Arising Out of PS.Case No. -245 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Nanhaku Chaudhary, son of Late Faguni Chaudhary.

2. Jitendra Chaudhary.

3. Ramadhar Chaudhary, Both sons of Nanhaku Chaudhary, resident of Village Erki, P.S. & DistrictJehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Jehanabad P. S. Case No. 245 of 2017 instituted under Sections 307, 323, 341, 379 and 504 of the Indian Penal Code. The allegation, in brief, is that petitioners are the neighbour of the informant and over the dispute of drainage, they assaulted with lathi and Khanti to the informant. The specific allegation against Jitendra Chaudhary (Petitioner No. 2) is that he gave Khanti blow over the head of the informant and when his son and wife came to rescue him then other petitioners also assaulted them. Specific allegation against Ramadhar Chaudhary (petitioner no. 3) is that he assaulted the son of the informant with Bletha causing fracture in his hand.

Patna High Court Cr.Misc. No.30128 of 2017 (2) dt.06-07-2017 2/2 Learned counsel for the petitioners submits that both parties are neighbours and over the drainage issue, there is case and counter case and two injuries on the person of the informant are only abrasion and other long lacerated wound and all are simple in nature, except the injury on the person of the informant's son Anil Kumar, causing fracture.

There is specific allegation against petitioner no. 3 Ramadhar Chaudhary that he gave a lathi blow causing fracture, grievous injury to informant's son, so the prayer of anticipatory bail of petitioner no. 3 is rejected.

As far as rest two other petitioner nos. 1 and 2, namely, Nanhaku Chaudhary and Jitendra Chaudhary, are concerned, they are directed to be released on bail, in the event of arrest or surrender before the court below within four weeks from today, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with - Jehanabad P.S.Case No. 245 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U