Pyare Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1314 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== PYARE LAL CHAUDHARY Son of Babulal Chaudhary Resident of VillageNawalpur Benimathav Tola, P.S.- Jogapatti, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 302, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons forcibly crushed the daughter of the informant by bullock cart due to which she died. Thereafter, the accused persons assaulted the informant and her mother-in-law. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.1314 of 2020(3) dt.18-06-2020 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. An accident is said to have taken place by the bullock cart in which the injured has succumbed to death. The petitioner is also said to be present on the said bullock cart in question. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti (Nawalpur) P.S. Case No. 369 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.1314 of 2020(3) dt.18-06-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T