Murari Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5058 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Murari Choudhary

2. Sunil Choudhary, both Sons of Balister Choudhary

3. Balister Choudhary Son of Triveni Choudhary, all residents of Village : Bhawanipur, Barai Tola, P.S. Shrinagar Pujaha, District : West Champaran.

4.Ashok Choudhary Son of Alagu Chouhdary, Resident of Village : Jhakhara, P.S. Jagdishpur, District : West Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

05-02-2015.

Heard both sides.

The petitioners apprehend their arrest in Srinagar Pujaha P.S.Case No.31 of 2014 under sections 147, 341, 323, 379 and 504/34 of the Indian Penal Code.

Sunita Devi, the informant, alleged that she was married with one Biran Choudhary, the son of petitioner no.3 in the year 2010 and when she was pregnant, her husband and others subjected her to physical torture. She had filed a case for maintenance before the Principal Judge, Bettiah in which order was passed to pay Rs.500/- p.m. to her. While she was returning from the police station, the petitioners are alleged to have intercepted her and her mother and assaulted with fists and slaps. It is submitted that the petitioners are brother-in-law, father-in-law and distant relations of the husband of the informant.

Patna High Court Cr.Misc. No.5058 of 2015 (2) dt.05-02-2015 Earlier also the informant had filed a case under Section 498A of the IPC against the petitioners and others. She had also filed a maintenance case. It is also submitted that when the petitioners got bail in a case registered under section 498A IPC, the informant filed this case with false and concocted story. It appears that the informant is daughter-in-law of petitioner no.3 Balister Choudhary. Petitioner nos.1 and 2 are brother-in-laws and petitioner no.4 is distant relation of the husband of the informant and that the informant is on litigating terms with the petitioners.

Considering the facts and nature of allegation, the above named petitioners, in the event of their arrest/surrender within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on their furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah in connection with Srinagar Pujaha P.S.Case No.31 of 2014, subject to condition as laid down under section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) ahk/- U T