Mukesh Chaudhary @ Mukesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55734 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.

MUKESH CHAUDHARY @ MUKESH KUMAR CHAUDHARY Son of Chandra Shekhar Chaudhary @ Chandra Shekhar Prasad R/o VillageRajaura, P.S.- Nardiganj, District- Nawada 2.

Bharat Chaudhary Son of Late Lakhan Resident of Village- Echua, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2019 Heard both sides.

The petitioners apprehend their arrest in Nardiganj P.S. Case No.71 of 2019 registered under Sections 341, 323, 308, 379, 504 and 34 of the Indian Penal Code. The informant alleged that while he was returning after attending the call of nature, Mukesh Chaudhary(petitioner No.1), Mina Devi, Bharat Chaudhary(petitioner No.2), Manju Devi, Soni Devi began to abuse him. Mukesh Chaudhary assaulted him with garasa on leg and forehead. Thereafter, Mukesh Chaudhary and Bharat Chaudhary assaulted his wife with fist and slab.

The learned counsel for the petitioners submits that petitioner is cousin(brother-in-law) of the informant. The informant has settled in his in-laws house. Petitioner No.1 is son-in-law of petitioner No.2. On account of land dispute, some altercation took place. The informant alleged that the petitioner

Patna High Court CR. MISC. No.55734 of 2019(2) dt.05-09-2019 2/2 No.1 assaulted him with garasa on forehead and leg but lacerated wound was found on the leg and forehead of the informant. The injuries are simple and superficial in nature. Other accused persons, who are ladies, have already been enlarged on anticipatory bail.

Taking into consideration the fact that petitioners happen to be close relative of the informant and on account of some land dispute, the petitioners are alleged to have assaulted the informant but the informant got lacerated and simple injuries caused by hard and blunt object and not by any sharp edge weapon, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sangita Kumari, learned J.M. Ist Class, Nawada in connection with Nardiganj P.S. Case No.71 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T