Raju Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34857 of 2024 Arising Out of PS. Case No.-75 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== 1.

Raju Chouhan SON OF VIJAY CHOUHAN VILLAGE- MARARIYA, PSCHAND, DIST- KAIMUR AT BHABUA 2.

PRADUMAN CHOUHAN SON OF RAMESH CHOUHAN VILLAGEMARARIYA, PS- CHAND, DIST- KAIMUR AT BHABUA 3.

GOPI CHOUHAN SON OF RAMESH CHOUHAN VILLAGEMARARIYA, PS- CHAND, DIST- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

KAJAL KUMARI DAUGHATER OF JAGANTU CHAUHAN VILLAGEMARARIYA, PS- CHAND, DIST- KAIMUR AT BHABUA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 376, 376B, 504 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have caught the informant and took her near the Mountain side and forcibly did wrong act.

Patna High Court CR. MISC. No.34857 of 2024(2) dt.19-07-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that only co-accused Abhishek Chauhan has been named in the F.I.R., and he has been granted regular bail by this Court vide order dated 28.05.2020 passed in Cr. Misc. No. 350 of 2020. He also submits that petitioners have been summoned first time under Section 319 of the Cr.P.C. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that petitioners have been summoned under Section 319 of the Cr.P.C., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.34857 of 2024(2) dt.19-07-2024 3/3 Mahila (Bhabua) P.S. Case No.75 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The petitioners are directed to co-operate in the trial. If the petitioners will not appear on two consecutive dates the learned Court below shall be at liberty to cancel the bail bond of the petitioners.

(Anjani Kumar Sharan, J) anand/- U T