Shiv Narayan Chero v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77168 of 2019 Arising Out of PS. Case No.-325 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
Shiv Narayan Chero S/o Dahari Chero R/o village- Ulho, P.S.- Sheosagar, District- Rohtas at Sasaram 2.
Upendra Chero S/o Dahari Chero R/o village- Ulho, P.S.- Sheosagar, District- Rohtas at Sasaram 3.
Jiut Chero S/o Dahari Chero R/o village- Ulho, P.S.- Sheosagar, DistrictRohtas at Sasaram 4.
Guddu Chero S/o Upendra Chero R/o village- Ulho, P.S.- Sheosagar, District- Rohtas at Sasaram 5.
Somari Devi W/o Upendra Chero R/o village- Ulho, P.S.- Sheosagar, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 354(A)(B), 379, 504 and 506 of the Indian Penal Code.
The prosecution case as per the written report of Durga Chero submitted to Station House Officer, Sheosagar P.S., is to the effect that on 09.09.2019 at 10.30 A.M., the
Patna High Court CR. MISC. No.77168 of 2019(3) dt.16-03-2020 2/3 informant's son, Vikash Chero was going to sleep, in the meantime, the five petitioners started abusing the informant's son. On protest being made, all the accused persons assaulted the son of the informant and when the informant and his wife went to his rescue, then co-accused Vishwanath Chero and petitioner no. 2, Upendra Chero assaulted with lathi on the head of the informant and petitioner no. 3 Jiut Chero and petitioner no. 4 Guddu Chero assaulted the wife of the informant, tore her clothes and when the daughter of the informant came to rescue, petitioner no. 5 Somari Devi assaulted her and accused persons snatched cash amount of Rs.2,000/-.
It is submitted by learned counsel for the petitioners that in the background of old enmity, the accusation has been levelled and injuries of all the injured have been found simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP after going through the case diary submits that the injuries of all the injured have been found simple in nature.
Considering the accusation being omnibus and general against all the petitioners and the fact that the injuries have been found simple in nature, coupled with the statement made in
Patna High Court CR. MISC. No.77168 of 2019(3) dt.16-03-2020 3/3 paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar (Baddi O.P.) P.S. Case No. 325 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T