Tarkeshwar Chauhan And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.10298 of 2016 (3) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10298 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Tarkeshwar Chauhan

2. Tannu Chauhan Both Son of Jodhi Chauhan Resident of Village- Suphal Bigha, P.S.- Mufassil, District Nawada.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Pramod Kumar Verma, Advocate For the Opposite Party : Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 A supplementary affidavit has been filed on behalf of the petitioners, which is kept on record.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Mufassil P.S. Case No. 170 of 2015 for the offences instituted under Sections 341, 447, 323, 307, 379 and 504/34 of the Indian Penal Code.

As per prosecution case, the informant alleging therein that on 03.08.2015 in the evening at about 6 P.M. when she was sitting alone in her house, all the accused persons including the petitioners armed with iron rod and danda in a drunken state came there and using abusive language asked where about of her

Patna High Court Cr.Misc. No.10298 of 2016 (3) dt.03-05-2016 husband and son and asked to kill them. Thereafter, all the accused persons assaulted her with iron rod on her left hand causing injury and also snatched a golden chain worth Rs.30,000/- from the neck of the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is admitted enmity between the parties. The other co-accused persons have been granted anticipatory bail by this Court vide Cr.Misc.No.50127 of 2015.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Mufassil P.S. Case No. 170 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

B.Kr./- (Sudhir Singh, J) U T