Sonu Kumar Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27640 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- AANDAR District- Siwan ====================================================== SONU KUMAR CHAURASIA S/o Late Mithlesh Chaurasia R/o VillageGarar, P.S.- Andar, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udit Narayan Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 11-08-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 341, 323, 376, 511, 504, 506/34 of the Indian Penal Code.

Allegation against petitioner is of abusing and assaulting the informant and also attempted to commit rape upon her.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to previous land dispute within the family and dirty village politics. Petitioner and informant are agnates. There is dispute

Patna High Court CR. MISC. No.27640 of 2021(3) dt.11-08-2021 2/3 with respect to partition. Specific allegation of teasing, threatening and assault is against co-accused Arjun Singh and his family. There is no eye witness of the occurrence. It has been further submitted that similarly placed co-accused, namely, Sunaina Devi, Minu Devi and wife of Kashinath Singh have already been granted anticipatory bail by the court below itself. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Siwan, in connection with Andar P.S. Case No. 68 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on

Patna High Court CR. MISC. No.27640 of 2021(3) dt.11-08-2021 3/3 each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU T