Mangani Chaudhary @ Ram Nath Chaudhary @ Ram Nath Sahani And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28622 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mangani Chaudhary @ Ram Nath Chaudhary @ Ram Nath Sahani Son of Late Sita Chaudhary

2. Sunil Chaudhary

3. Anil Chaudhary @ Anil Sahani both are sons of Mangani Chaudhary @ Ramnath Chaudhary @ Ramnath Sahani all are residents of village - Chanpatiya, Bintoli, Ward no. 2, P.S. Chanpatiya, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard both sides.

It is submitted that petitioner no. 2 Sunil Chaudhary has already been arrested. Accordingly, prayer for grant of anticipatory bail of petitioner no. 2 is hereby dismissed as having become infructuous.

This application has been pressed only on behalf of petitioner nos. 1 and 3, namely, Mangani Chaudhary @ Ram Nath Chaudhary @ Ram Nath Sahani and Anil Chaudhary @ Anil Sahani, who apprehend their arrest in a case registered for the offences punishable under section 307 and other allied sections of

Patna High Court Cr.Misc. No.28622 of 2015 (2) dt.23-07-2015 the Indian Penal Code.

The informant named four persons including the petitioners Mangani Chaudhary and Anil Chaudhary and alleged that they all having armed with different weapons came there and Anil Chaudhary assaulted his father with iron rod. When the informant's brother and mother went to save, he also assaulted them. There appears that there is no specific allegation of assault against the petitioners. There is a counter version of the occurrence also and the injured got simple injuries. Considering the aforesaid facts, let the above named petitioner nos. 1 and 3, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Chanpatiya P.S. Case no. 45 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U