Kunnilal Chaudhary @ Kumi Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29386 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- MANSI District- Khagaria ======================================================
1. Kunnilal Chaudhary @ Kumi Choudhary, Aged about 40 years, Male, Son of Bhochan Choudhary, Resident of Village Fango, P.S. Mansi, District Khagaria.
2. Rinku Devi, Aged about 30 years, Female, Wife of Rohit Chaudhary, Resident of Village Fango, P.S. Mansi, District Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Binod Kumar, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2019 Heard both sides.
Petitioners apprehend their arrest in Mansi P.S. Case No.240 of 2018, registered under Sections 448, 341, 342, 323, 325, 504, 506 and 34 of the Indian Penal Code as well as under Section 27 of the Arms Act.
The informant alleged that petitioner no.1, Kunnilal Chaudhary @ Kumi Choudhary took Rinku Devi, his sister-inlaw, wife of his brother Rohit Chaudhary, on the pretext that he solemnized marriage with her. Kunnilal Chaudhary, Rinku Devi and Dhodhai Chaudhary, the father of Kunnilal Chaudhary, came on 02.12.2018 at about 10.30 in the night for taking the child of Rinku Devi. When the informant protested, the accused
Patna High Court CR. MISC. No.29386 of 2019(2) dt.03-05-2019 2/2 persons assaulted him causing fracture in his hand. Learned counsel for the petitioners submits that the occurrence took place on 02.12.2018 but the FIR was lodged on 04.12.2018. It is submitted that Rinku Devi was not ever kidnapped. The informant, brother-in-law of Rinku Devi, made allegation against Rinku Devi and the petitioner only because some quarrel took place between Rinku Devi and her husband. The injury found on the hand of the informant is simple in nature. No bony injury was found in X-ray.
Considering the facts aforesaid and nature of allegation made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 learned C.J.M., Khagaria in connection with Mansi P.S. Case No.240 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T