Tilak Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42080 of 2021 Arising Out of PS. Case No.-631 Year-2020 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

Tilak Chauhan S/O Ramnath Chauhan Resident Of Mohalla- Bheriya Rahika, P.S-Sahayak, District-Katihar.

2.

Chandan Chauhan S/O Laxmi Prasad Chauhan Resident Of MohallaBheriya Rahika, P.S-Sahayak, District-Katihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vinay Ranjan, Advocate For the Opposite Party :

Mr.Rabindra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 379 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that petitioners and other accused persons entered into the house of the informant armed with iron rod. Thereafter, petitioners caught her hair and torn her saree and blouse. Accused persons assaulted the informant and snatched ornaments and cash Rs.26,000/-. Learned counsel appearing for the petitioners submits that the parties are agnate and there is dispute for share of land

Patna High Court CR. MISC. No.42080 of 2021(5) dt.21-06-2022 2/2 between them for which husband of the informant has also lodged another case. He submits that allegation of theft and outraging the modesty are ornamental. Injury caused to the informant have been found to be simple in nature by the doctor. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, 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 the Additional Chief Judicial Magistrate, Katihar in Town Sahayak Police Station Case No. 631 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T