Jawahar Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39619 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -NARDIGANJ District- NAWADA ======================================================
1. Jawahar Chaudhary, Son of Late Suraju Chaudhary.
2. Anuj Chaudhary, Son of Jawahar Chaudhary.
Both R/o Village- Nanaur, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 14-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nardiganj P.S. Case No.19 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 354(a) of the Indian Penal Code.
The accusation is that on 24.02.2017 at about 08.00 A.M., six persons, named in the F.I.R., including the petitioners entered the house of the informant Kamla Devi and, thereafter, these petitioners and one Karan Chaudhary caused blood oozing injury at the head of the informant through Khanti and iron rod. When the husband and daughter of the informant rushed to save the
Patna High Court Cr.Misc. No.39619 of 2017 (2) dt.14-09-2017 2/3 informant, they were also assaulted by them. At that time, the coaccused Sona Devi and Rekha Devi snatched the gold ear ring of the daughter of the informant. The occurrence is said to be taken place due to some dispute.
Learned counsel appearing on behalf of the petitioners submits that, in fact, due to some dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioner no.1 also sustained injury regarding which on the basis of the written report of the co-accused Sona Devi, Nardiganj P.S. Case No.20 of.2017 under Sections 341, 323, 441, 442, 324 and 379/34 of the Indian Penal Code was instituted against the informant and her family members. Moreover, the injuries, as found on the person of the informant, her husband and daughter, are simple in nature, which appears from the order dated 27.07.2017 passed in A.B.P. No.653 of 2017 by the Sessions Judge, Nawada, rejecting the prayer of the petitioners for grant of anticipatory bail. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.39619 of 2017 (2) dt.14-09-2017 3/3 satisfaction of the Additional Chief Judicial Magistrate-VI, Nawada, in connection with Nardiganj P.S. Case No.19 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T