Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54378 of 2019 Arising Out of PS. Case No.-2328 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Ashok Choudhary Son of Late Rajendra Choudhary Resident of Village - Deepnagar, P.S.- Sikty, Distt - Araria.

2.

Nirmala Devi Wife of Ashok Choudhary Resident of Village - Deepnagar, P.S.- Sikty, Distt - Araria.

3.

Aangad Kumar Son of Ashok Chaoudhary Resident of Village - Deepnagar, P.S.- Sikty, Distt - Araria.

4.

Fulo Devi Wife of Late Rajendra Choudhary Resident of Village - Deepnagar, P.S.- Sikty, Distt - Araria.

5.

Shankar Choudhary Son of Late Dhiro Choudhary Resident of Village - Belgachhi, P.S.- Palasi, Distt - Araria.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

Doman Chaoudhary Son of Late Pulkit Choudhary Resident of Village - Deepnagar Barmasiya, P.S.- Sikty, Distt - Araria. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 2328C of 2017 for the offence punishable under Sections 323, 341, 448, 379, 354 and 504 of the Indian Penal Code.

There is allegation in the complaint case that the accused persons, armed with deadly weapons, came at the doorway of the complainant and started assaulting him. Allegedly, the complainant's wife was also assaulted and teased

Patna High Court CR. MISC. No.54378 of 2019(2) dt.30-08-2019 2/2 when she tried to rescue the complainant.

Learned counsel appearing on behalf of the petitioners has submitted that the petitioners and the complainant are on litigating terms. It has been further stated that there is a counter case also filed by the petitioner No.2. Considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 J.M. 1st Class, Araria, in Complaint Case No. 2328C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners 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. (Chakradhari Sharan Singh, J) Pawan/- U T