Nageshwar Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21050 of 2018 Arising Out of PS.Case No. -167 Year- 2017 Thana -VIBHUTIPUR District- SAMASTIPUR ======================================================
1. Nageshwar Choudhary, son of Late Bhuttu Choudhary.
2. Ram Shankar Choudhary, son of Piro Choudhary. Both are residents of Village- Sahpur, P.S. Bibhutipur, District Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyam Bharti For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 The petitioners are apprehending their arrest in connection with Bibhutipur P.S. Case No. 167 of 2017, registered for offences punishable under Sections 323, 341, 307 and 380/34 of the Indian Penal Code.
Allegation against the petitioners who are father in law and husband of the daughter of the informant is that in a Panchayat for settlement of dispute between the wife and husband, the petitioners said to have assaulted the informant side. It has been submitted on behalf of the petitioners that they are relatives and during the discussions for settlement of dispute between the parties in the Panchayat, a scuffle took place and there was no intention of the petitioners to hurt any one. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or
Patna High Court Cr.Misc. No.21050 of 2018 (4) dt.09-07-2018 2/2 surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Rosera, in connection with Bibhutipur P.S. Case No. 167 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T