Chandrika Prasad Kushwaha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8633 of 2015 Arising Out of PS.Case No. -251 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Chandrika Prasad Kushwaha son of late Sital Bhagat (aged about 65 years Old)

2. Sanjay Prasad Kushwaha, son of Chandrika Prasad Kushwaha (Teacher of 10+2) Both Resident of Village- Belbanawan, P.S.- kuchaikote , distGopalganj.

3. Rama Shankar Prasad Kushwaha Son of Janaradhan Singh Resident of Village- Orma, P.S. Mufassil Siwan, Dist- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard both sides.

The petitioners apprehend their arrest in Kuchaikote P.S. Case No. 251 of 2014, registered for the offences punishable under Section 379 and other Sections of the Indian Penal Code and Sections 3(i)(x) of the SC/ST Act.

The informant made allegation against the petitioners that they assaulted him with fists and slaps and also snatched money from his possession.

Learned counsel for the petitioners submits that no occurrence as alleged by the petitioner has ever taken place. Uchaikot P.S. Case No. 252 of 2014 was lodged by Shila Kumari

Patna High Court Cr.Misc. No.8633 of 2015 (2) dt.03-03-2015 2/2 the wife of petitioner no. 3 and daughter of petitioner no. 1 against the informant for outraging the modesty of her daughter after entering into the house and the wife of petitioner no. 3 also alleged that the accused persons assaulted her and her husband while going to Belbanawan.

Considering the facts aforesaid and the fact that there is case and counter case and the informant received simple injuries, the petitioners, in the event of their arrest or surrender before the court below 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 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 251 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T