Rohit Kumar @ Rohit Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2456 of 2015 Arising Out of PS.Case No. -377 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Rohit Kumar @ Rohit Chaudhary, Son of Satya Narayan Choudhary

2. Satya Narayan Choudhary, Son of Late Sitaram Choudhary

3. Sintu Chaudhary, Son of Satya Narayan Chaudhary All are resident of Village - Patory, P.S. Moro, District - Darbhanga. .... .... 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 PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard both sides.

The petitioners are apprehending their arrest in a case under Sections 380 and other sections of the Indian Penal Code and Sections 3/4 of the Witchcraft Act.

The complainant Meena Devi, a widow, made allegations against the petitioners that they assaulted her as also forced her to drink urine.

Learned counsel for the petitioners submits that prior to filing of the present complaint case, own sister-in-law of the complainant Sheela Devi filed another case being Moro P.S. Case No. 7/2014 on 13.03.2014 against the petitioners. The police, after investigation, submitted final form finding the case false. It is

Patna High Court Cr.Misc. No.2456 of 2015 (2) dt.20-01-2015 2/2 further submitted that earlier Rohit Kumar, petitioner no. 1, had filed C.R. Case No. 315 of 2014 against the complainant and her family members and that is why the complainant filed this case making false and frivolous allegations against the petitioners. Considering the fact that there is series of litigation between the parties and the sister-in-law of the complainant had also filed a case against the petitioners making almost similar allegations wherein the police, after investigation, found the case allegations false, the above named petitioners, in the event of their arrest or surrender before the learned 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 bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ankuar Gupta, Judicial Magistrate 1st Class, Darbhanga in C.R. Case No. 377 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T