IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12658 of 2010 1. ASHOK CHAUDHARY,son of Ganesh Chaudhary, resident of village-Sakrapaharpur,P.S.- Bakhatiarpur,District-Saharsa. 2. Munna Chaudhary @ Arbind Kumar,son of Radheshyam Chaudhary,resident of village- Piprahi,P.S.-Raghopur,District-Supaul. 3. Ramendra Chaudhary @ Ramendra Kr.Jaiswal, son of Sitab Lal Chaudhary,resident of village-Daulatpur,P.S.-Raghopur,District- Supaul. .. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioners :Mr.Pramod Mishra,Advocate For the State :Mr.Parmanand Prasad,Addl. P.P. --------- 02/ 12-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 379/384/504 and some other allied offences of the Penal Code, unfortunately, the informant happens to be the mother of petitioner no.1. Petitioner no.1 is alleged to have entered into the house and assaulted his mother and by putting her under fear of death forcibly took certain ornaments and cash amount from her. Petitioners no.2 and 3 are stated to be relations of petitioner no.1, but they are not alleged to have participated in the assault to the informant. Learned counsel for the petitioner submits that a partition suit is pending between the parties and some other criminal proceeding is also pending and for that reason the present case has been lodged with all false and baseless allegations. Be that as it may, in view of the serious nature of 2 allegation against petitioner no.1, he being the son of the informant having assaulted his own mother for grabbing certain property, his prayer for anticipatory bail is rejected. He must surrender in the court below in connection with Bakhatiarpur P.S.Case No.305 of 2009 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioners no.2 and 3 are concerned, they are stated to be brother-in-laws (Sala and Sardhu) of petitioner no.1 and there is no allegation of assault against them. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Bakhatiarpur P.S.Case No.305 of 2009, the above named petitioners no.2 and 3 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)