Amit Chouhan v. The State Of Bihar
Patna High Court Cr.Misc. No.13317 of 2017 (2) dt.18-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13317 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -MAHILA P.S. District- NAWADA ====================================================== Amit Chouhan, son of Naresh Choudhan, resident of village-Lohra, P.S. Mufasil, District-Nawada.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Madhusudan Kumar, Advocate For the Opposite Party : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-03-2017 Heard.
The petitioner apprehend his arrest in connection with Nawada Mahila P.S.Case No.30 of 2016 registered for an offence under Sections 341, 323, 504, 376, 511, 379/34 of the IPC and Section 8 of the POCSO Act.
The informant in her written report submitted before the SHO, Nawada has alleged that on 01.06.2016, this petitioner and three others entered into her house, abused and assaulted her and when her daughter came for her rescue, this petitioner allegedly threw her on the ground and other accused attempted to rape on her.
Learned counsel for the petitioner submits that the present case has been lodged after institution of his case which was lodged earlier to the present case for the occurrence dated
Patna High Court Cr.Misc. No.13317 of 2017 (2) dt.18-03-2017 31.05.2016. In course of investigation, police finding no material against other three accused, has submitted final report. The learned APP opposed the submission.
From the paper available on record, it appears that the petitioner has submitted a written report on 01.06.2016 for the occurrence dated 31.05.2016. The present case, however, was registered at about 10 P.M. on the same day. After investigation, police have submitted chargesheet for the offence under Sections 341, 323, 354 and 504 of the IPC. It further appears that both parties fought Panchayat election and, thereafter, they indulged in quarrel and lodged case and counter case.
Considering the nature of allegation facts and circumstances, prayer of anticipatory bail is allowed and the above named petitioner in the event of his arrest or surrender be admitted on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Nawada in connection with Nawada Mahila P.S.Case No.30 of 2016.
(Sanjay Kumar, J) B.Kr./- U T