Lakshmi Narayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13781 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

LAKSHMI NARAYAN CHAUDHARY Son of Late Yamuna Chaudhary Resident of Village and Post - Kanhaiya Chak, Panchayat - Govindpur, P.S.- Parwatta, Distt - Khagaria. - 851216 2.

Sudhanshu Kumar Son of Lakshmi Narayan Chaudhary Resident of Village and Post - Kanhaiya Chak, Panchayat - Govindpur, P.S.- Parwatta, Distt - Khagaria. - 851216 3.

Himanshu Kumar Son of Lakshmi Narayan Chaudhary Resident of Village and Post - Kanhaiya Chak, Panchayat - Govindpur, P.S.- Parwatta, Distt - Khagaria. - 851216 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar @ Ravindra Kr Rai For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 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 petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 447, 354, 307 and 34 and 27 of the Arms Act.

The prosecution case, in short, is that while the

Patna High Court CR. MISC. No.13781 of 2020(2) dt.26-06-2020 2/3 informant was alone at her house, the accused persons entered and tried to outrage her modesty.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. Though there is an allegation of firing but none is said to have been injured in the occurrence. The said allegation is denied by the petitioners. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners 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 their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Parwatta P.S. Case No. 266 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.13781 of 2020(2) dt.26-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T