← Library
Patna High CourtCR. MISC./7395/2017bail granted

Dukhan Choudhary And ORS v. The State Of Bihar

2017-02-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7395 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -ATRI District- GAYA ======================================================

1. Dukhan Choudhary, S/o Late Haribhangi Choudhary,

2. Naresh Choudhary, S/o Dukhan Choudhary,

3. Ramashish Choudhary, S/o Dukhan Choudhary,

4. Rajesh Choudhary, S/o Mithai Choudhary @ Rameshwar Chaudhary, All resident of Village- Punar, P.S.- Atri, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Atri P.S. Case No. 182 of 2016 instituted for the offence under Section (s) 147, 149, 341, 323, 324, 307, 504, 34 of the Indian Penal Code. It has been submitted that Atri P.S. Case No. 187 of 2016 was registered by one of the co-accused of this case Ramdeo Prasad under Sections 341, 323, 324, 504, 34 of the Indian Penal Code against the informant and others in which it is alleged that informant and others brutally assaulted the petitioner's side. The injuries on the person of the informant and his family members have been found to be simple in nature.

Patna High Court Cr.Misc. No.7395 of 2017 (2) dt.22-02-2017 2/2 From the written report, it appears that there is allegation that all the accused persons assaulted the informant and other family members with rod, khanti, lathi, etc causing injuries to them.

The injury report of the injured has been brought on record as Annexure-3 series wherein the doctor has opined all the injuries to be simple in nature, caused by hard and blunt substance.

It has further been submitted that none of the injured have sustained injury on the vital part of the body. In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Atri P.S. Case No. 182 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T