Mintu Choudhary @ Mintu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45149 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- MANJHI District- Saran ====================================================== 1.

MINTU CHOUDHARY @ MINTU KUMAR CHAUDHARY Son of Late Gopal Chaudhary Resident of village - Manjhi Chaubah Asthan, P.S.- Manjhi, Dist.- Saran (Chapra).

2.

BABLU CHAUDHARY @ BABLU KUMAR CHAUDHARY Son of Late Gopal Chaudhary Resident of village - Manjhi Chaubah Asthan, P.S.- Manjhi, Dist.- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Manjhi P.S. Case no. 230 of 2020 instituted for the offence punishable under Sections 341, 323, 376, 511, 307, 324/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners, who are Dewar entered into the room of the informant. Co-accused Bhola Chaudhary tried to outrage the modesty of the informant. While the family members went to the accused persons to make inquiry, they were beaten up by the petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no

Patna High Court CR. MISC. No.45149 of 2021(2) dt.23-03-2022 2/2 offence. They have been falsely implicated in this case. There is case and counter case. General and omnibus allegation of assault is against these two petitioners. Both parties have received injuries. Injuries received by the member of prosecution side are simple in nature. Specific allegation of attempt to commit rape is against coaccused Bhola Chowdhary and not against these petitioners. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Manjhi P.S. Case no. 230 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Chapra, Distt- Saran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U