Kuldeep Chaudhary And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58490 of 2015 Arising Out of PS.Case No. -214 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Kuldeep Chaudhary

2. Bigan Chaudhary

3. Ugan Chaudhary All Sons of Late Brahmdeo Chaudhary All Resident of Village - Akri ,P.S. Narhat , District - Nawada .... .... Petitioners

Versus

1. The State of Bihar

2. Most. Sunita Devi W/O Late Tulsi Chaudhary Resident of Village - Akri ,P.S. Narhat , District - Nawada .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Pramod Kumar Verma, Advocate For the State : Ms Anita Kumari, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-02-2016 Petitioner nos. 1 and 2, namely, Kuldip Chaudhary and Bigan Chaudhary, having already been taken into custody, learned counsel for the petitioners does not press this application with respect to them.

Accordingly, this application is dismissed as not pressed, so far petitioner nos. 1 and 2 are concerned. Heard learned counsel for the petitioner and the State. Petitioner no. 3, namely, Ugan Chaudhary, apprehends his arrest in a case registered for the offences punishable under sections 323, 380 and 354/34 of the Indian Penal Code. A supplementary affidavit has been filed stating that non-bailable warrant of arrest has been issued against the

Patna High Court Cr.Misc. No.58490 of 2015 (3) dt.04-02-2016 petitioner.

It is contended that the petitioner and the informant are the neighbours and, in view of the dispute with respect to the drainage, a concocted story has been created and fake allegations have been made. It is further contended that the main accused Bigan Chaudhary has been taken into custody along with Kuldip Chaudhary. It is also contended that First Information Report was not lodged for the alleged occurrence rather, after two days, the complaint case has been filed.

Having regard to the facts and circumstances of the case, let the abovenamed petitioner no. 3, namely, Ugan Chaudhary, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 214/2015 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Ramesh Kumar, Judicial Magistrate, Ist Class, Nawada, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T