Anuj Choudhary @ Anoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22215 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

Anuj Choudhary @ Anoj Chaudhary, aged about 40 years, Male, Son of Harihar Chaudhary, Resident of Village- Maksudpur, P.S.- Asthawan, DisttNalanda. 2.

Kishori Bind, aged about 42 years, Male, S/o Ramjee Bind, Resident of Village- Maksudpur, P.S.- Asthawan, Distt- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2020 Heard Mr. Anil Kumar No.1, the learned counsel appearing on behalf of the petitioners and Mr. Umanath Mishra, the learned Additional P.P. on the petition.

The petitioners apprehend their arrest in Asthawan P.S. Case No.275 of 2019, registered under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The informant, elected woman member of PACS, alleged that on 22.12.2019, both the petitioners along with others came to the house of the informant and asked him to put signature on the register of the co-operative. When the informant refused to put her signature without understanding the contents of the proceedings, the petitioners and other accused persons abused and assaulted the informant and forcibly obtained her signature on the

Patna High Court CR. MISC. No.22215 of 2020(2) dt.17-08-2020 2/2 register of the co-operative. The accused persons assaulted her with fists and slaps and lathi.

Learned counsel for the petitioners submits that the petitioners are members of the scheduled caste. There is counter version being S.C./S.T. P.S. Case No.67 of 2019 in which Anoj Chaudhary, petitioner no.1, is the informant. The petitioners have got no criminal antecedent but it appears from perusal of the FIR itself that the petitioners visited the house of woman elected member of PACS and forced her to put signature on a proceedings of the co-operative. When the informant refused to put signature without understanding the contents of the proceedings, the petitioners and others abused and assaulted her inside her house. Taking into consideration the facts that the petitioners assaulted a lady, elected member of the PACS, in order to obtain her signature on a proceedings under coercion, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T