Chandeshwar Thakur And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7294 of 2017 Arising Out of PS.Case No. -3465 Year- 2010 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Chandeshwar Thakur.

2. Paras Thakur.

3. Premi Thakur.

4. Kishun Thakur @ Bishun Thakur @ Kishun Mahto.

5. Manju Devi.

6. Dhanilal Thakur.

7. Manohar Sah.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Anita Devi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the State : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Trial No. 1058 of 2016, arising out of Complaint Case No. 3465-C of 2010 for the offences instituted under Sections 313, 315, 323, 342 of the IPC.

The prosecution story, in brief, is that the complainant married with a person of her choice after love affairs. The accused persons used to raise objection to their marriage. When the

Patna High Court Cr.Misc. No.7294 of 2017 (2) dt.14-02-2017 2/3 complainant got pregnant they wanted to get rid of pregnancy and to get married elsewhere. They assaulted the complainant with leg and lathi in her abdomen and her husband. On outcry of her husband the people came and saved their lives. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are parents, uncles and cousins of the complainant. They have falsely been implicated in the present case. There is no medical finding of any doctor to support the allegation made by the complainant. As the petitioners had protested against the marriage of the complainant hence the present prosecution has been instituted against them by the complainant. On behalf of the State, it has been submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Trial No. 1058 of 2016, arising out of Complaint Case No. 3465-C of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two

Patna High Court Cr.Misc. No.7294 of 2017 (2) dt.14-02-2017 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T