Patna High CourtCR. MISC./11747/2015disposed

Sitaram Choudhary v. The State Of Bihar

2015-03-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11747 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -HASPURA District- AURANGABAD ======================================================

1. Sitaram Choudhary Son of Late Shobha Choudhary Resident of Village & P.O. - Jalpura, P.S. - Haspura, District - Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is alleged that initially the husband of the informant assaulted by Anil Chaudhary, Sunil Choudhary, Chandrama Choudhary and Randhir Choudhary.

Subsequently, this petitioner and Kameshwar Choudhary also assaulted with wooden plank and iron rod to the informant. It is submitted by the learned counsel for the petitioner that for the occurrence of 21.12.2014 at 6.30 P.M. the First Information Report was lodged on 22.12.2014 at 1.15 P.M. Statement has been made in para-8 of the petition that on the alleged date of occurrence the petitioner was engaged in

Patna High Court Cr.Misc. No.11747 of 2015 (2) dt.23-03-2015 Daskarm of his son hence, the presence of petitioner at the place of occurrence appears to be improbable. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Haspura P.S. Case No. 136 of 2014, pending in the court of learned Chief Judicial Magistrate, Aurangabad With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T