Patna High Court - Orders
Sanjeet Chauhan & Ors vs The State Of Bihar on 25 July, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.900 of 2018
Arising Out of PS.Case No. -17 Year- 2017 Thana -BHADAURA District- PATNA
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1. Sanjeet Chauhan,
2. Badal Chauhan,
3. Sipey Kumar @ Sipey Chauhan,
All sons of late Jaynandan Chauhan,
All R/o Akbarpur Beldari, P.S.- Bhadaur, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 25-07-2018Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bhadaur P.S. Case No.17 of 2017 instituted for the offence under Sections 147, 447, 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.
Counsel for the petitioner has submitted that there is case and counter case between the parties on account of land dispute. Petitioner No.2 has filed a case against the informant and others vide Bhadaur P.S. Case No.18 of 2017.
In the instant case, there is allegation against petitioner No.1 of assaulting daughter of the informant namely, Patna High Court Cr.M isc. No.900 of 2018 (4) dt.25-07-2018 2/3 Sangeeta Devi with spade resulting injury on her head. Petitioner No. 1 also assaulted Anuj Kumar with iron rod causing injury on his right hand. Petitioner No. 2 is alleged to have assaulted Asha Devi, wife of the informant, with iron rod causing injury on her waist and left leg. Petitioner No.3 assaulted Bishambhar Kumar with Khanti causing injury on his head.
The Sessions Judge has mentioned in the impugned order about the injury report which is available in paragraph-27 of the case diary wherein the opinion has been kept reserved.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhadaur P.S. Case No.17 of 2017, 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 Shri A.K. Thakur, learned Judicial Magistrate 1st Class, Barh, District - Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their Patna High Court Cr.M isc. No.900 of 2018 (4) dt.25-07-2018 3/3 absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/-
Rohit Kr.
U T