Deba Chaudhary @ Deba Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15393 of 2026 Arising Out of PS. Case No.-735 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Deba Chaudhary @ Deba Chaudhari S/O Late Rameshwar Chaudhary @ Rameshwar Chaudhari R/O Vill - Mathiya Pipra, P.S.- Shikarpur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-04-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Shikarpur P.S. Case No. 735/2024, F.I.R dated 18.10.2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 110, 76, 352 of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the petitioner is alleged to have abused and assaulted the informant with sharp edged weapon. On protest by the informant, the petitioner disrobed her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
2/4 case. The petitioner is accused in two other criminal cases and he is on bail in both the cases as stated in para. 3 of the bail petition. Learned counsel for the petitioner submits that the nature of the injury sustained does not corroborate the allegation made in the FIR. However, with regard to the injuries, they are simple in nature and the medical treatment which is said to have been received by the informant, the petitioner volunteers to pay Rs. 10,000/- (Ten Thousand) at the time of furnishing bail bond to the informant, without accepting his guilt.
5. Learned APP for the State opposes the prayer for anticipatory bail application
6. Considering the aforesaid facts and circumstances that the injuries are simple in nature and the petitioner would cooperate with the investigation and maintain peace with the informant and comply the undertaking given. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate-VIth,
3/4 Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 735/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (v). The petitioner undertakes not to repeat the offence in future in case any such allegations are brought to the notice of local police and on finding allegations to be true, the informant
4/4 as well as the local police are with liberty to move for cancellation of his bail bond in such background. (Ajit Kumar, J) atul/- U T