Sanjay Kumar Chaupal @ Raj Kumar Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14842 of 2023 Arising Out of PS. Case No.-342 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== SANJAY KUMAR CHAUPAL @ RAJ KUMAR CHAUPAL SON OF RAJENDRA CHAUPAL R/O VILLAGE- NATKI, P.S.- RAJNAGAR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 380, 323, 379, 354(B), 376, 511 of the Indian Penal Code.

As per F.I.R., on the alleged date and time of occurrence, while the informant was sleeping alone at her house, co-accused Raj Kumar Chaupal entered in the house and tried to molest her and when the informant raised alarm, her husband and children caught the accused and they alongwith some villagers assaulted him. It is further alleged that on the next date, when a panchayti was held in this regard, the accused refused to attend and on the same date at about 12 noon, when the informant was going to lodge a case in police station, all the F.I.R. named accused persons including this petitioner assaulted the informant, disrobed her and snatched gold chain worth Rs. 30,000/-.

Patna High Court CR. MISC. No.14842 of 2023(3) dt.03-07-2023 2/2 It is submitted on behalf of petitioner that the alleged occurrence took place on 23 - 24 of August, 2017, complaint was lodged on 29.08.2017 and F.I.R. has been lodged belatedly on 05.12.2019. Both parties are gotiyas and due to land dispute, the present false case has been lodged. Earlier, a case was lodged by co-accused Raj Kumar Chaupal against relatives of informant, vide Rajnagar P.S. Case No. 180 of 2017, and out of revenge, this false and concocted case has been lodged. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Madhubani in connection with Rajnagar P.S. Case No. 342 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T