Ramakrishna Chaudhary @ Ramakrishan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60012 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.
Ramakrishna Chaudhary @ Ramakrishan Chaudhary Son of Rajendra Chaudhry @ Bhima Chaudhary Resident of Village- Jamuaon, P.S.- Sandesh, District- Bhojpur 2.
Pramod Chaudhary Son of Late Ramesh Chaudhary Resident of VillageJamuaon, P.S.- Sandesh, District- Bhojpur 3.
Binod Chaudhary Son of Late Ramesh Chaudhary Resident of VillageJamuaon, P.S.- Sandesh, District- Bhojpur 4.
Shiv Keshwar Chaudhary Son of Mathura Chaudhary Resident of VillageJamuaon, P.S.- Sandesh, District- Bhojpur 5.
Bimlesh Chaudhary @ Guddu Chaudhary Son of Nand Keshwar Chaudhary Resident of Village- Jamuaon, P.S.- Sandesh, District- Bhojpur 6.
Sunil Chaudhary @ Pravin Kumar Son of Nand Keshwar Chaudhary Resident of Village- Jamuaon, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehends arrest in connection with Sandesh P.S. Case No. 85 of 2024 dated 27.03.2024 instituted for the offence punishable under Section 341, 323, 504, 456, 379, 307, 427/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, the informant was sitting on the chair outside
Patna High Court CR. MISC. No.60012 of 2024(3) dt.20-11-2024 2/3 the house. The informant wanted to chase away the dog of the petitioner Ramakrishna Chaudhary upon which he objected. Thereafter the present occurrence took place. The main allegation is that the petitioners along with other accused persons abused the informant and after that entered ladies room of the informant and petitioner nos. 4, 5 & 6 assaulted the informant's family member, namely, Chitranjan Chaudhary by means of Rama in which he sustained head injury.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation against the petitioners are general and omnibus. There is case and counter case between the parties. Counter case bearing Sandesh P.S. Case No. 85 of 2024 has been lodged by co-accused Satyendra Chaudhary against the family member of the informant. Learned counsel for the petitioners further submits that Chit Ranjan Chaudhari was examined by doctor who found four injuries i.e. (1) Lacerated wound left skull pre occipital area (1' x 1⁄4' x 1⁄4') , (2) pain in left shoulder, (3) pain and swelling left ankle (2' x 2') & (4) lacerated wound right ring finger (1⁄2' x 1⁄4' x 1⁄4'). Doctor opined that nature of injury nos. 1 & 4 are simple and opinion with regard to injury nos. 2 & 3 are reserved till date. Lastly, it has been submitted that
Patna High Court CR. MISC. No.60012 of 2024(3) dt.20-11-2024 3/3 petitioner nos. 1 to 4 have no criminal antecedents while petitioner nos. 5 & 6 have one criminal case against them in which they have acquitted.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Sandesh P.S. Case No. 85 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) premchand/- U T