Patna High CourtCR. MISC./7511/2018rejected

Chhathu Choudhary @ Chhotu Choudhary And ANR v. The State Of Bihar

2018-02-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.7511 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7511 of 2018 Arising Out of PS.Case No. -277 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================

1. Chhathu Choudhary @ Chhotu Choudhary Son of Late Lakhan Choudhary

2. Tuntun Choudhary, Son of Chhatu Choudhary, @ Chhotu Choidhary. Both Resident of Mohalla-Purbi Nand Gola, Police Station-Malsalami, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Adv. For the Opposite Party/s : Mr. Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Malsalami Police Station Case No. 277 of 2017, disclosing offences under Sections 354, 341, 323, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the petitioners have falsely been implicated in this case due to earlier dispute between the parties. Hence, the petitioners deserve the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.7511 of 2018 (2) dt.15-02-2018 Learned A.P.P. for the State has opposed the prayer for bail and submitted that there is direct allegation of assault and commission of overt act with lady against these petitioners. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J.) Brajesh/- U T