Arjun Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48753 of 2017 Arising Out of PS. Case No.-174 Year-2014 Thana- DHAKA District- East Champaran ======================================================

1. Arjun Choudhary

2. Ram Ekbal Choudhary Both Sons of Bigan Choudhary

3. Bigan Choudhary S/o Late Shivnath Choudhary All Resident of village- Bakhri Khajuri, P.S.- Dhaka, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Pandey For the Opposite Party/s :

Mr. R. B. Roy 'Raman'

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dhaka Police Station Case No. 174 of 2014, disclosing offences under Sections 420, 467 and 468 of the Indian Penal Code. The police, upon completion of investigation, submitted final report, pointing the dispute between the parties to be of civil nature. The Court below has, however, taken cognizance differing with the police report.

It is alleged that the wife of the elder brother of the informant sold certain property, which did not fall in her share. The petitioners are respective fathers of the purchasers, who

Patna High Court Cr.Misc. No.48753 of 2017(2) dt.13-11-2017 2/2 have also been made accused.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Arjun Choudhary, Ram Ekbal Choudhary and Bigan Choudhary, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Sub Divisional Judicial Magistrate, Sikrahana, Dhaka, in connection with Dhaka Police Station Case No. 174 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √