Ram Roop Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51784 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Ram Roop Chauhan, S/o Late Tek Narayn Chauhan, R/o Vill.- Bhot Naje, P.S.- Muffasil, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Verma, Advocate. For the Opposite Party : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 325, 307, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant was at house, in the meantime, accused persons including the petitioner lash with weapons came at the door of the house of the informant and started hurling abuses and accused Sanjay Chauhan assaulted on the head of informant's wife by means of Garasa with intention to kill her and when informant's daughter came to rescue, this petitioner assaulted with iron rod on the head of informant's

Patna High Court Cr.Misc. No.51784 of 2018 (2) dt.28-09-2018 2/3 daughter and other accused persons also assaulted with LathiDanda as a result, they sustained injury. It has been further alleged that accused Kiran Devi, Puniya Devi and Rani Devi also took away golden chain from the neck of informant's wife and accused Sanjay Chauhan took away clothes and ornaments worth Rs. 15,000/- kept in a box.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have assaulted the daughter of the informant. Nature of injury as per Annexure-2 to the present application is simple. Hence, no offence under Section 307 of the IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, in

Patna High Court Cr.Misc. No.51784 of 2018 (2) dt.28-09-2018 3/3 connection with Mufasil P.S. Case No. 73/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T