Parhlad Chouhan @ Prahlad Chouhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26473 of 2018 Arising Out of PS.Case No. -669 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Parhlad Chouhan @ Prahlad Chouhan, sSon of Late Tufani Chouhan, resident of Kela Bagan, Dharamganj, P.S.- Kishanganj, District- Kishanganj.

2. Jeetan Chouhan, son of Late Tufani Chouhan.

3. Suman Devi, wife of Jeetan Chouhan.

Both are residents of Majhia Road, Dharamganj, P.S.- Kishanganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kishanganj P.S. Case No.669 of 2017 registered under Sections 341, 323, 324, 307, 379, 385 and 436 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the instant case has been instituted in retaliation to Kishanganj P.S. Case No.296 of 2014 dated 13.06.2014 registered on the basis of statement of petitioner no.3, Suman Devi against the informant and other persons and after investigation the police found the allegations to be true and submitted charge-sheet under Sections 341, 323 and 506 read with 34 of the Indian Penal Code. Since the

Patna High Court Cr.Misc. No.26473 of 2018 (2) dt.07-05-2018 2/2 petitioner no.3 Suman Devi had deposed before the court on 09.11.2017 against the informant and her family members, the informant and her family members assaulted the petitioner no.3 on 22.11.2017 for which a first information report was instituted on 04.12.2017 under Sections 341, 323, 325 and 307 read with 34 of the Indian Penal Code against the informant on 04.12.2017 and after that the instant case has been filed. Learned counsel for the petitioners submitted that though there is allegation of causing injuries to the informant and others, there is no injury report.

Considering the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.669 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S.