Arvind Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31421 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -PALI District- JEHANABAD ======================================================
1. Arvind Chaudhary, son of Baldev Chaudhary, Resident of Village/Post office-Saidabad, P.S.- Pali, District-Jehanabad.
2. Vikash Kumar, son of Arvind Chaudhary, Resident of Village/Post office-Saidabad, P.S.- Pali, District-Jehanabad.
3. Pappu Chaudhary, son of Ramchandra Chaudhary, Resident of VillageHazipur, Fozaria Bigha, P.O.-Karai, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Kumar For the Informant : Mr. Shivendra Prasad For the State : Mr. Umesh Lal Verma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-09-2016 At the outset, learned counsel for the petitioners submits that during the pendency of this application, petitioner no.1 has been arrested and as such, the application against him has become infructuous. Accordingly, the application as against the petitioner no. 1 is dismissed being infructuous. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioner nos. 2 and 3 are apprehending
their arrest in connection with Pali P.S. Case No. 17 of 2016 for the offences registered under Sections 341, 323, 506, 379 and 366A of the Indian Penal Code. Learned counsel for the petitioners submits that though the informant has stated that these petitioners had forcibly participated in the marriage of the sister of petitioner no. 2 and niece of petitioner no. 3 with the informant and had escorted them in the car to the village of the informant. The statement made under Section 164 Cr.P.C. by the victim girl is otherwise. It is further submitted that the petitioner no. 2 was married just the previous day and there is no occasion for him to indulge in such an occurrence.
Considering the aforesaid submissions and the statement made under Section 164 Cr.P.C by the victim girl, let the petitioner nos. 2 & 3, namely, Vikash Kumar and Pappu Chaudhary, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Jehanabad in connection with Pali P.S. Case
No. 17 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T