Murari Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56291 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Murari Chauhan, son of Rameshwar Chauhan, resident of Village- Punaul Jagdishpur, P.S. Narhat, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 16-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Narhat P.S. Case No.91 of 2015 registered under Sections 341, 323, 324, 448, 376 and 511/34 of the Indian Penal Code. The accusation of the informant is that the petitioner entered into room of the sister-in-law of the informant and caught hold her with an intention to commit rape on her. On 'hulla' being raised by the sister-in-law of the informant, the petitioner started to flee away and when the informant reached there then the petitioner caused injury at the head the informant through 'Fasuli'. On 'hulla' being raised by them, Krishna Chauhan and

Patna High Court Cr.Misc. No.56291 of 2015 (2) dt.16-12-2015 2/2 Rameshwar Chauhan, the brother and father of the petitioner respectively, armed with 'lathi' and 'danda' came there and started to 'Maar-Peet' with them.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the informant and the petitioner used to do the work of labourer and due to dispute arose in between them, the occurrence of 'Maar-Peet' took place in between them but due to ulterior motive, the informant has lodged this false case against the petitioner making allegation of making attempt to commit rape on his sister-in-law. It is further submitted that the petitioner has no criminal antecedent and is in custody since 24.08.2015. Further submission is that after realizing the mistake, the informant has also filed compromised petition in the trial court. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. III, Nawada, in connection with Narhat P.S. Case No.91 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T