Yugal Kishore Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35220 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Yugal Kishore Choudhary Son of Dashrath Choudhary

2. Shobha Devi wife of Yugal kishore Choudhary

3. Ravi choudhary Son of Late Yugal Kishore Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 448, 427, 323, 504, 379, 506/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the accused persons entered into the house of the informant and destroyed the household articles when protest was made by the informant all pulled him on the road and abused by calling caste name. It is further alleged that on the order of petitioner no.1, his two sons, co-accused Om Prakash Choudhary and petitioner no.3 assaulted the informant

Patna High Court Cr.Misc. No.35220 of 2015 (2) dt.20-08-2015 2/2 whereas petitioner no.2 snatched gold chain worth Rs.8,000/-. It is submitted by learned counsel for the petitioners that in the background of 107 and 145 Cr.P.C. proceeding, initiated at earlier point of time, the accusation has been levelled.

It is submitted by Mr. Ambika Bhagat, learned Special P.P. for the State that initially the occurrence took place inside the house of the informant but, subsequently, the informant was assaulted on the road.

Considering the accusation being levelled in the background of litigated relationship between the parties, it is a case for consideration of regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with SC/ST (Hajipur) P.S. Case No.16 of 2015, pending before the learned ACJM, Vaishali at Hajipur. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T