Pintu Kumar @ Pintu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41621 of 2024 Arising Out of PS. Case No.-928 Year-2022 Thana- ARARIA District- Araria ====================================================== 1.
Pintu Kumar @ Pintu Choudhary S/O Risi Lal Choudhary @ Rsi Lal Choudhary R/O Village Manikpur Ward No 08, P.S. Araria(Bairgachhi), Distt-Araria 2.
Pravin Choudhary @ Praveen Chaudhary S/O Risi Lal Choudhary @ Rsi lal Choudhary R/O Village Manikpur Ward No 08, P.S. Araria(Bairgachhi), Distt-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Jha, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Araria (Bairgachhi) P.S. Case No. 928 of 2022 registered under Sections 341, 323, 324, 379, 342, 504, 506 and 34 of the Indian Penal Code and later on Section 307 of the Indian Penal Code has been added.
3. As per prosecution case, on 29.10.2022 at 09:30 PM, when the informant went to matrimonial house of his niece Chandani Devi to meet her, the husband of his niece and his family members started demanding dowry of Rs. 1 lakh and a motorcycle from the informant. When the informant showed his
Patna High Court CR. MISC. No.41621 of 2024(2) dt.15-07-2024 2/3 inability to fulfill their demand, all the accused persons including these petitioners abused and assaulted the informant. Co-accused Chhotu Choudhary gave fighter blow to informant, as a result, the informant sustained injury on his face. When informant's son came to save him, the accused persons assaulted him with fists and slaps. It is further alleged that the accused persons also snatched Rs. 5000/- cash, three mobiles, silver chain and a motorcycle of the informant.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to ulterior motive. It is further submitted that the specific allegation of assault is against coaccused Chhotu Choudhary, as it is apparent from the FIR. Petitioners have never demanded any kind of dowry. Petitioners claim clean antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S.
Patna High Court CR. MISC. No.41621 of 2024(2) dt.15-07-2024 3/3 Case No. 928 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T