Bindeshwari Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.39442 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39442 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Bindeshwari Chaudhary, son of Late Shiv Narayan Chaudhary

2. Chhotu Chaudhary,

3. Brahmdeo Chaudhary Sl. Nos. 2 and 3 sons of Baleshwar Chaudhary

4. Rupesh Chaudhary,

5. Dinesh Chaudhary Sl. Nos. 4 and 5 sons of Bindeshwari Chaudhary. All residents of village-Gopipur, Police Station-Srinagar, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Srinagar P.S. Case No. 55 of 2017 registered for the offence(s) punishable under Section(s) 341, 323, 504, 307, 379/34 of the Indian Penal Code.

The allegation is that altogether 12 named accused persons assaulted the informant, and took an amount of Rs. 25,000/- from the possession of his father.

The learned counsel for the petitioners submits that the father of the informant and petitioner no. 1 are cousin and the

Patna High Court Cr.Misc. No.39442 of 2017 (2) dt.19-08-2017 dispute had arisen between them for Rs. 30/-. He further submits that there is no specific allegation of assault against these petitioners rather the specific allegation of assault is against coaccuseds Ram Kumar Chaudhary and Sushil Chaudhary. Learned Additional Public Prosecutor opposed the aforesaid submission.

Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 A.C.J.M.-II, Madhepura in connection with Srinagar P.S. Case no. 55 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Amit/- U T