Devendra Choudhary @ Devendra Kr. Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39797 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Devendra Choudhary @ Devendra Kr. Choudhary, Son of Kameshwar Choudhary, Resident of Village- Khagra, Police Station- Dhoraiya, DistrictBanka. .... .... 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 -------------- 15-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No.125 of 2017 registered under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that on 01.07.2017 at about 10.00 A.M., while the informant was standing in front of his door, at that time, due to old enmity, this petitioner alongwith his father Kameshwar Choudhary having iron rod in their hands came there and stated to abuse. In that course, this petitioner caused injury at the head of the informant through iron rod. Kameshwar Choudhary assaulted the informant through iron rod on his neck and snatched the gold

Patna High Court Cr.Misc. No.39797 of 2017 (2) dt.15-09-2017 2/2 chain of the informant.

Learned counsel for the petitioner submits that the petitioner and the informant are neighbours and due to old enmity in between them, the occurrence of "Maar-Peet" took place in between them in which the petitioner's side also sustained injury regarding which on the basis of the written report of Minni Devi, the sister-in-law of the petitioner, Dhoraiya P.S. Case No.126 of 2017 under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 354(B) of the Indian Penal Code was instituted against the informant and others. Moreover, three injuries are said to be found on the person of the informant, which are simple in nature.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Banka, in connection with Dhoraiya P.S. Case No.125 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T