Santosh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50751 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

SANTOSH KUMAR CHAUDHARY Son of Upendra Chaudhary Resident of Village/Mohalla-Mirganj, Police Station-Paraiya, District-Gaya. 2.

Upendra Chaudhary Son of Siddheshwar Chaudhary Resident of Village/Mohalla-Mirganj, Police Station-Paraiya, District-Gaya. 3.

Ranjit Chaudhary @ Ranjit Kumar Choudhary Son of Ramgulam Chaudhary Resident of Village/Mohalla-Mirganj, Police Station-Paraiya, District-Gaya. 4.

Ajit Chaudhary Son of Ramgulam Chaudhary Resident of Village/MohallaMirganj, Police Station-Paraiya, District-Gaya. 5.

Deepak Chaudhary Son of Upendra Chaudhary Resident of Village/MohallaMirganj, Police Station-Paraiya, District-Gaya. 6.

Surendra Chaudhary Son of Siddheshwar Chaudhary Resident of Village/Mohalla-Mirganj, Police Station-Paraiya, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Paraiya Police Station Case No. 51 of 2019, disclosing offences under Sections 147/149/341/323/307/379/504/506 of the Indian Penal Code.

The allegation against the petitioners is that they entered into the house of the informant, armed with lathi, danda

Patna High Court CR. MISC. No.50751 of 2019(2) dt.16-08-2019 2/3 etc. and started abusing her. Upon objection, all the petitioners assaulted the informant with lathi and danda, due to which she sustained head injury.

Learned Counsel for the petitioners submits that the petitioners and the informant are neighbours and there was scuffle between the women members of their families over a trivial issue, in which the informant has sustained simple injury, which would be evident from Annexure-2.

After having heard learned Counsel for the parties and taking into consideration the fact that both the families are neighbours and injury caused to the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four 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 3rd Additional Chief Judicial Magistrate, Gaya, in connection with Paraiya Police Station Case No. 51 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.50751 of 2019(2) dt.16-08-2019 3/3 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. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √