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Patna High CourtCR. MISC./50674/2017bail granted

Vinod Chauhan And ORS v. The State Of Bihar

2017-10-18Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50674 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Vinod Chauhan, son of Lallan Chauhan

2. Basanta Devi, wife of Lallan Chauhan

3. Lallan Chauhan, son of Basdeo Chauhan All are resident of village-Madurna, P.S.-Chainpur, District-Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Sunil, Adv. For the Opposite Party/s : Mr. Sri Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are seeking anticipatory bail in connection with Chainpur P.S. Case No.186 of 2017 registered for offences punishable under Sections 341, 323, 337, 379, 354 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that on perusal of the FIR it would appear that the allegation of assault by iron rod is upon accused Rakesh Chauhan. Learned counsel further submits that so far as these petitioners are concerned, they are brother, mother and father of said Rakesh Chauhan and they have been made accused on vague and general allegation that they

Patna High Court Cr.Misc. No.50674 of 2017 (2) dt.18-10-2017 had also beaten the informant by slaps and fists. However, there is no specific allegation of causing any injury against these petitioners. Learned counsel submits that it is a case of false implication of the entire family members as both the parties are neighbours and have got some enmity on account of petty matters. On the other hand, learned APP for the State opposed the prayer for anticipatory bail.

Considering the facts and circumstances particularly that these petitioners are not said to have caused any injury and have got no criminal antecedent, in case of their arrest or surrender within a period of four weeks from today, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Kaimur (Bhabua) in connection with Chainpur P.S. Case No.186 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T