Sagar Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45395 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -MARKAHI District- KHAGARIA ======================================================
1. Sagar Choudhary Son of Kahim Choudhary
2. Rajesh Choudhary Son of Late Jagdish Choudhary
3. Bittu Choudhary Son of Bilash Choudhary
4. Bechan Choudhary Son of Bilash Choudhary
5. Bhola Choudhary Son of Domi Choudhary
6. Rekha Devi W/o Suresh Choudhary
7. Susheela Devi @ Kashi Devi W/o Bechan Choudhary
8. Babloo Choudhary Son of Late Ram Swaroop Choudhary
9. Ranveer Choudhary Son of Yogendra Choudhary
10. Yogendra Choudhary Son of Mahavir Choudhary
11. Bhola Choudhary Son of Late Ram Swaroop Choudhary
12. Raju Choudhary Son of Yogendra Choudhary, all are residents of Village - Rasounk, P.S. - Morakhi, District - Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-10-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Morkahi P.S. Case No. 55/16 for offences alleged under Sections 147, 149, 341, 323, 353, 307, 379 of the Indian Penal Code.
Allegation is that petitioners along with
Patna High Court Cr.Misc. No.45395 of 2016 (2) dt.26-10-2016 2/3 others assaulted the informant and with intention to kill put gamcha around his neck and began to pull. Informant anyhow relieved himself and fled away but petitioner Sagar Chaudhary snatched Rs. 1,000/- from his pocket.
It has been submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in the aforesaid case. He submits that no case under Sections 353, 307 and 379 of the I.P.C. is made out against them, rather the informant, who is a Chowkidar, had entered into the house of petitioner No. 7 a day prior to the occurrence and had tried to outrage the modesty of some of the ladies who were present there, for which a complaint was lodged by her a day back and these petitioners have been falsely implicated. However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,
Patna High Court Cr.Misc. No.45395 of 2016 (2) dt.26-10-2016 3/3 Khagaria, in connection with Morkahi P.S. Case No. 55/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T