Pramod Chaudhary @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30841 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- KARPI District- Jehanabad ====================================================== 1.

PRAMOD CHAUDHARY @ PRAMOD KUMAR, aged about 20 years, Male, S/o Surendra Chaudhary 2.

Shambhu Chaudhary @ Shambhu Kumar, aged about 22 years, Male, S/o Dukhan Chaudhary 3.

Karan Chaudhary, aged about 21 years, Gender, male, S/o Dorhu Chaudhary All are resident of Village- Khalilpura, P.S.- Karpi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341/323/379/354(B)/504/506/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

Informant, who herself is a victim, has alleged that on 05.05.2020, while she had gone to attend the call of nature and was returning back to her home, petitioners, as named in the FIR, Pramod Chaudhary, Shambhu Chaudhary and Karan Chaudhary started teasing her and tried to give her a mobile and

Patna High Court CR. MISC. No.30841 of 2021(2) dt.25-10-2021 2/3 on raising hue and cry, his cousin brother, namely, Suraj Kumar, came there and on his protest, accused petitioners abused and assaulted his cousin brother, who snatched the mobile and broke it and when said information was given to her mother, they went to the house of petitioners where they were assaulted and abused by co-accused, Surendra Chaudhary, Mahendra Chaudhary, Krishna Chaudhary and Madan Chaudhary in which his cousin brother sustained injury and it is further alleged that one golden chain was snatched from her mother.

It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case as the present case is the counter blast of the case which was lodged by mother of petitioner no.1on 06.0.5.2020 under SC/ST Act. It is further submitted that the matter has been compromised between the parties. It is further contended that no injury has been sustained by the victim or his cousin brother. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount

Patna High Court CR. MISC. No.30841 of 2021(2) dt.25-10-2021 3/3 each to the satisfaction of learned court below where the case is pending in connection with Karpi P.S. Case No.82/2020 arising out of Special POCSO Case No.18/2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) Sanjay/- U T