Vinay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12893 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== 1.

Vinay Chaudhary Son Of Nagina Chaudhari Resident Of Village Jawaj, P.S. Mahanar, District-Vaishali At Hajipur 2.

Sanjay Chaudhary S/O Nagina Chaudhari Resident Of Village Jawaj, P.S. Mahanar, District-Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioner. The same be kept on record.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 448, 380, 504, 376, 201, 302 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that accused persons entered into the house of the informant and raped his wife and later murdered her.

Patna High Court CR. MISC. No.12893 of 2021(2) dt.21-12-2021 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has been made accused due to mistake of fact. After investigation, the police submitted charge-sheet under Section 306 I.P.C. A petition was filed by the informant in the Court below in which he has retracted from his earlier statement made in the F.I.R. Same is Annexure-2 to the supplementary affidavit.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 38 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T