Suchinder Chaupal @ Sujinder Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5532 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- BIHRA District- Saharsa ====================================================== 1.

Suchinder Chaupal @ Sujinder Choupal S/O Late Nago Sharma R/O Village- Tuniyahi, Ward No.9, P.S- Birha, Distt.- Saharsa. 2.

Sanjeev Choupal @ Sanjeev Kumar S/O Suchinder Chaupal @ Sujinder Choupal R/O Village- Tuniyahi, Ward No.9, P.S- Birha, Distt.- Saharsa. 3.

Prakash Choupal @ Prakash Kumar @ Bambam Kumar S/O Suchinder Chaupal @ Sujinder Choupal R/O Village- Tuniyahi, Ward No.9, P.S- Birha, Distt.- Saharsa.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Pawan Kumar, Advocate For the Opposite Party :

Mr.Yogendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 323, 354B, 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, at the instigation of petitioner no.1, petitioner no.2 pulled informant's hair and assaulted her. He also tried to molest her. Accused persons took out cash Rs.25,000/- and some ornaments from the house of the informant.

4. It is submitted on behalf of the petitioners that the parties are gotia and due to previous enmity, petitioners have

Patna High Court CR. MISC. No.5532 of 2024(2) dt.17-02-2024 2/2 falsely been implicated in this case. There is case and counter case. Allegation of assault is general and omnibus against petitioner no. 1 and 2, whereas there is no allegation against petitioner no.3.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saharsa in Bihra Police Station Case No. 138 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T