Shiv Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27411 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -SIRDALA District- NAWADA ====================================================== Shiv Kumar Choudhary Son of late Bundi Choudhary Resident of Village - Naod PS Sirdala, District Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party : Mr. Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sirdala P.S. Case No. 25 of 2016 for the offences instituted under Sections 442, 341, 323, 504, 324 and 307 of the Indian Penal Code.

Prosecution case, in short is that on 26.01.2016 at 10 A.M. there was exchange of abuse in between the informant's mother-in-law Lakhiya Devi and elder Gotani Shardha Devi. The informant's elder Gotani complained with her husband Sheo Kumar Chaudhary due to which Sheo Kumar Chaudhary assaulted the informant's mother-in-law. Informant gave information to her husband about the said matter. Her husband came to the house at

the evening and asked the reason from his elder brother about assault of his mother for which some altercation took place and matter pacified at about 8 P.M. When the informant and her husband came out from the house and forbade him to do so. After firing Sheo Kumar Chaudhary wanted to flee but the informant and her husband snatched pistol from his hand and handed over to the police.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. For the same occurrence, three cases were instituted. One is the present case. Other is the case which was instituted by one Bindu Kumari who had sustained injury on her cheek. The third case was instituted by the petitioner against the husband of the informant. Petitioner has also sustained injury in course of the occurrence. The said injury has not been explained by the prosecution. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sirdala P.S. Case No. 25 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand)

with two sureties of the like amount each to the satisfaction of Shri Subir Kumar, Judicial Magistrate, Ist Class, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T