Tapsi Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29129 of 2018 Arising Out of PS. Case No.-272 Year-2017 Thana- BAIRIYA District- West Champaran ======================================================
1. Tapsi Chaudhary, son of Ram Autar Chaudhary.
2. Umesh Chaudhary, son of Tapsi Chaudhary.
3. Bideyalal Chaudhary, son of Late Mahendra Chaudhary.
4. Dhuman Chaudhary, son of Tapsi Chaudhary.
All are Resident of Village- Bagahi Ratanpura, Police StationBairiya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bairiya Police Station Case No.272 of 2017 registered under Sections 341, 323, 504. 506, 354(B) and 379/34 of the Indian Penal Code. The accusation is that on 11.09.2017 at about 11.00 P.M., the petitioners came at the door of the informant and started to abuse, making allegation on her of killing their kid. When the informant made protest, she was assaulted by them through fists and slaps. Thereafter, the petitioner no.1 Tapsi Chaudhary dashed her on the soling of the bricks, due to which her clothes were torn. At that time, the petitioner no.2 Umesh Chaudhary torn her blouse.
Patna High Court Cr.Misc. No.29129 of 2018(2) dt.14-05-2018 2/2 Learned counsel appearing on behalf of the petitioners submits that, in fact, due to causing of the assault to the kid of the petitioners, the kid of the petitioners died regarding which there was hot exchange of words in between the informant and the petitioners but due to ill motive, the informant has lodged this false case. Moreover, the injury, as found on the person of the informant, is not visible, which would appear from Annexure-2 to this application. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Bettiah, West Champaran, in connection with Bairiya Police Station Case No.272 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T