Mahesh Chaudhary @ Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41027 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Mahesh Chaudhary @ Mahesh Yadav S/o- Ramayan Chaudhary @ Ramayan Yadav Village- Harpur, P.S. Pachrukhi, District- Siwan. 2.

Pappu Kumar Yadav @ Pappu Yadav son of Mahesh Chaudhary @ Mahesh Yadav Village- Harpur, P.S. Pachrukhi, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-06-2024

1. Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners seek bail in connection with Pachrukhi P.S. Case No. 155 of 2024 registered for the offence under Sections 341, 323, 325, 354, 379, 504, 506/34 of the Indian Penal Code and Section 37 of the Bihar Liquor Prohibition and Excise Act, 2022.

3. The both accused/petitioners are named in the F.I.R. and are in custody since 30.04.2024.

4. The allegation against petitioners is to assault informant, causing bodily injuries and also

Patna High Court CR. MISC. No.41027 of 2024(2) dt.12-06-2024 2/3 outraged her modesty during the course of occurrence, where occurrence is alleged to be arises out of payment of Rs. 2500/-, against which certain goods were taken by petitioners on credit from the shop running by informant.

5. Learned counsel appearing on behalf of the petitioners submitted that due to certain monetary issues, the present occurrence took place, where the occurrence was free fight in nature, for which a counter case was also lodged by petitioner's side, which was registered as Pachrukhi P.S. Case No. 156/2024. It is submitted that allegation of physical assault is not available against petitioners as per face of perusal of FIR, where allegation is only to torn the blouse of informant by both petitioners, who are father and son. It is submitted that as occurrence is free fight in nature, therefore, any such intention not appears available prima facie as to outrage the modesty of informant. While concluding the argument, it is submitted that

Patna High Court CR. MISC. No.41027 of 2024(2) dt.12-06-2024 3/3 petitioner no. 1 found involved in one more criminal case, where he is on bail, whereas petitioner no. 2 is a man of clean antecedent.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above and by taking note of fact as occurrence is of free fight in nature, negating prima facie intention to outrage the modesty, accordingly, both petitioners above named, are directed to be released on bail in connection with Pachrukhi P.S. Case No. 155 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Siwan/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/suruchiU T