Bindu Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36620 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================
1. Bindu Chaudhary son of Late Harangi Chaudhary
2. Navrangi Chaudhary son of Late Dhitan Chaudhary
3. Jato Chaudhary son of Late Birhaspati Chaudhary
4. Sito Chaudhary son of Sohrai Chaudhary All R/o Village - Bazitpur, P.S. and Distt. - Sheikhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Sheikhpura P.S.Case No.132 of 2017, registered for offences punishable under Sections 147j, 148, 149, 341, 323, 324, 307, 427, 504 and 379 of the Indian Penal Code. Allegation against the petitioners is of assault to the informant and his family members.
Submission of the learned counsel for the petitioner is that nothing specific has been attributed against the petitioners and the injuries are simple in nature. Further there is a case and counter case between the parties and the dispute has arisen with respect to partition of land and both the parties are 'Gotia' and one of the accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 6.7.2017
Patna High Court Cr.Misc. No.36620 of 2017 (2) dt.11-08-2017 2/2 passed in Cr. Misc. No.30118 of 2017.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhpura P.S.Case No.132 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of therir bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T