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Patna High CourtCR. MISC./44252/2019bail granted

Kanchan Chaudhary v. The State Of Bihar

2019-09-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44252 of 2019 Arising Out of PS. Case No.-129 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

KANCHAN CHAUDHARY, Son of Sri Ashok Chaudhary 2.

Santu Chaudhary, Son of Sri Ashok Chaudhary 3.

Gautam Kumar, Son of Sri Ashok Chaudhary All are resident of village Dumari, P.S. Punpun, Distt. Patna. 4.

Renu Devi, Wife of Sri Satya Narayan Chaudhary, Resident of MohallaSabajpura, near Biscuit Factory, P.S.- Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan Prasad For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Shastri Nagar P.S. Case No. 129 of 2017, disclosing the offences under Sections 147, 148, 149, 341, 342, 323, 325, 307, 379, 380 and 506 of the Indian Penal Code.

The petitioners belong to the same family. It is alleged in the FIR that all the family members entered the house of the informant, assaulted him and his family members leading to serious injury. They are also said to have snatched and taken away certain valuables from the informant's house. It transpires from the application that earlier also informant's wife had lodged an FIR registered as Shastrinagar P.S. Case No.117 of 2017.

Patna High Court CR. MISC. No.44252 of 2019(4) dt.30-09-2019 2/2 A counter affidavit has been filed on the behalf of the informant stating that the informant has received grievous injury as he was thrown from the second floor of the house in question. Be that as it may, considering the genesis of occurrence which appears to be relating to some dispute over property, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, 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 learned Sub Judge -IV, Patna, in connection with Shastri Nagar P.S. Case No. 129 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T