Surendra Chauhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45111 of 2016 Arising Out of PS.Case No. -242 Year- 2014 Thana -SIRDALA District- NAWADA ======================================================

1. Surendra Chauhan S/o Late Munni Chauhan

2. Mahendra Chauhan S/o Late Munni Chauhan

3. Rajo Chauhan S/o Late Munni Chauhan

4. Manu Chauhan S/o Late Ramrup Chauhan All resident of Village- Rabio Beldari, P.S.- Sirdala, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sirdala P.S. Case No. 242 of 2014 registered under Sections-307, 354A, 354(B) & other minor sections of the Indian Penal Code. Petitioners are said to have assaulted the informant and his wife and, the petitioner No. 1 is said to have made attempt to outrage the modesty of informant's wife.

Submission on behalf of petitioners is that the dispute took place between the parties due to obstruction of a passage and therefore, the question of outraging the modesty of

Patna High Court Cr.Misc. No.45111 of 2016 (3) dt.10-01-2017 2/2 informant's wife does not arise. It is further submitted that the police after due investigation, found the case true under Sections323, 354A & 504 of the Indian Penal Code and except Section354A of the Indian Penal Code, almost all the sections are bailable in nature. It is further submitted that so far as Section-354A of the Indian Penal Code is concerned; the same has been inserted in this case with intent to make the offence graver.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sirdala P.S. Case No. 242 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T