Ram Pravesh Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35541 of 2015 Arising Out of PS.Case No. -138 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Ram Pravesh Choudhary Son of late Ram Shevak Choudhary

2. Shri Bhagwan Choudhary

3. Parsuram Choudhary

4. Santosh Choudhary All sons of Ram Pravesh Choudhary All resident of Village - Arjunpur, P.S.. Buxar(Ind), Dist Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 354B of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the informant sat in the field to ease out when the accused persons disturbed by flashing torch light on her private parts. On protest being made the accused persons caught hold of the informant and on alarm being raised the other ladies came then the accused persons abused

Patna High Court Cr.Misc. No.35541 of 2015 (2) dt.03-09-2015 2/2 the informant by calling caste name.

It is submitted by learned counsel for the petitioners that even accepting the accusation no offence under Section 354B IPC is made out. The case lodged by the petitioners' side is at earlier point of time and the informant has retracted from the initial version which gets reflected from the impugned order.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Ind) P.S. Case No. 138 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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