Pramila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31317 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== 1.Pramila Devi, wife of Ratan Lal Chaudhary

2. Ratan Lal Chaudhary, son of Late Raghuveer Chaudhary

3. Jitendra Chaudhary @ Jitendra Kumar, son of Ratan Lal Chaudhary

4. Saurabh Kumar, son of Ratan Lal Chaudhary, all resident of villageChhoti Yusufpur P.S. Industrial Area Hajipur, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners. No one appears on behalf of the State.

The petitioners are apprehending arrest in connection with Hajipur Industrial Area P.S. Case No. 38 of 2017 for the offence under sections 341, 323, 354(a), 379 and 504/34 of the Indian Penal Code.

From perusal of the FIR, it appears that the petitioners entered the house of the informant and assaulted the informant and took away golden chain and Rs. 7000/- kept in the box. In paragraph-9 of the petition, it appears that petitioner no.1 has filed Complaint Case No. 452 of 2017 under sections 324, 354, 427 and 452 of the Indian Penal Code with regard to the same

Patna High Court Cr.Misc. No.31317 of 2017 (2) dt.13-07-2017 2/2 occurrence on 3.3.2017 with different version of the occurrence. In paragraph-11 there is statement that the petitioners and the informant are neighbours. There is case and counter case between them and due to previous enmity, the petitioners have been made accused in the instant case.

Having regard to the facts that the petitioners are neighbours of the informant and the fact that there is no criminal antecedent as per statement on affidavit in paragraph-3, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Industrial Area P.S. Case No. 38 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T