Shiv Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15330 of 2023 Arising Out of PS. Case No.-180 Year-2011 Thana- KISHUNPUR District- Supaul ====================================================== 1.

Shiv Shankar Choudhary Son Of Late Lakshmi Choudhary R/O VillageSatkodariya, P.S.- Raghopur, District- Supaul 2.

Subodh Choudhary Son Of Late Ram Nath Choudhary R/O VillageDaulatpur, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 366, 379, 504, 506/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioners along with other co-accused persons came at her house and took away the wife of informant. It is further alleged that the accused persons also snatched cash and threatened the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. During course of investigation, the independent witnesses have stated that co-

Patna High Court CR. MISC. No.15330 of 2023(3) dt.22-06-2023 2/2 accused Chandra Sekhar Chaudhary is neighbour of the informant who have illicit relation with the informant's wife and his wife fled away with co-accused. After perusal of investigation report and statement of victim recorded u/s 164 of Cr.P.C., it is evident that even if any offence is made out in the instance case, the same is against co-accused Chandra Sekhar Chaudhary and this fact is mentioned in para 9 of the petition. Moreover, the petitioners have got no criminal antecedent and languishing in judicial custody since 17.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kishanpur P.S. Case No. 180 of 2011 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul. (Sunil Kumar Panwar, J) Amandeep/- U T