Manjeet Chatarjee And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39095 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Manjeet Chatarjee

2. Manik Chatajee, both Sons of Motilal Chatarjee,

3. Motilal Chatarjee, Son of Late Mukund Lal Chatarjee,

4. Badal Chatarjee Son of Late Mukund Lal Chatarjee,

5. Mohan Chatarjee, Son of Late Mukund Lal Chatarjee, -All are residents of Village Barwa Colony, PS Inarwa, District West Champaran ....... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad,APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Inarwa PS Case No. 22 of 2015, disclosing offences under Sections 341, 323, 324, 354 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted, referring to the first information report, that

Patna High Court Cr.Misc. No.39095 of 2015 (2) dt.28-09-2015 2/3 implication of petitioner nos. 3, 4 and 5 who are father and uncles of the petitioner nos. 1 and 2, is highly improbable. He has submitted that till passing of the order by the learned Sessions Judge on Anticipatory Bail Application filed on behalf of the petitioners on 25.6.2015, statement of the victim girl was neither recorded by the police nor her statement was recorded under Section 164 Cr.P.C.

Learned counsel appearing on behalf of the informant has produced before me a certified copy of the statement of the victim girl recorded under Section 164 Cr.P.C. Considering the contents of her statement under Section 164 Cr.P.C. which contains specific allegation of sexual assault against petitioner nos. 1 and 2, I am not inclined to grant them the privilege of anticipatory bail. Thus, the prayer for anticipatory bail so far as petitioner nos. 1 and 2 are concerned, is rejected. So far as petitioner nos. 3, 4 and 5, this application is allowed.

Let the petitioner nos. 3, 4 and 5, namely, Motilal Chatarjee, Badal Chatarjee and Mohan Chatarjee, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail 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, Bettiah, West Champaran in Inarwa PS Case No. 22 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure

Patna High Court Cr.Misc. No.39095 of 2015 (2) dt.28-09-2015 3/3 on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) mrl U T