Diwakar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7596 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.
Diwakar Chauhan Son of Haridwar Chauhan Resident of Village- Shayer Tola, Dumariya, Ps- Baghmarra, Dist- Dhanbad, Jharkhand 2.
Haridwar Chauhan Son of Jaidu Chauhan @ Jite Chauhan Resident of Village- Shayer Tola, Dumariya, Ps- Baghmarra, Dist- Dhanbad, Jharkhand ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ritu Kumari Chauhan Wife of Diwakar Chauhan Resident of VillageShayer Tola, Dumariya, Ps- Baghmarra, Dist- Dhanbad, Jharkhand ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Learned counsel for the petitioners are permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Ara Town P.S Case No. 334 of 2023 dated 01.05.2023 registered for the offence punishable u/s 341, 323, 379, 504, 506, 34 of the Indian Penal Code.
4. As per the prosecution case, On 16.11.2022 when
Patna High Court CR. MISC. No.7596 of 2024(2) dt.26-02-2024 2/3 informant was returning from the court after filing attendance in her case, the petitioner and the informant's father-in-law came and started abusing her and they were demanding withdrawal of the case filed against the petitioner. When the informant took out her mobile to record the incident, her father-in-law snatched the mobile and broke it, grabbed her hair and assaulted her with fists and the informant's husband snatched the Mangalshutra worth Rs. 45000/-.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 is the husband of the informant and the petitioner no. 2 is the father-in-law of the informant. The said injury is stated to be simple in nature. The petitioners have one criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like
Patna High Court CR. MISC. No.7596 of 2024(2) dt.26-02-2024 3/3 amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Town P.S Case No. 334 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T