Shail Kumar Chaurasia And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.31263 of 2015 (2) dt.04-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31263 of 2015 Arising Out of PS.Case No. -156 Year- 2013 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Shail Kumar Chaurasia son of Late Radhe Chaurasia

2. Meghan Chourasia @ Munna Chaurasia s/o Late Ram Nandan Chaurasia

3. Pramod Chourasia @ Bulanand Chourasia s/o Late Radhe Chourasia All residents of Village Sanjat, P.S. Bhagwanpur, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Randhir Kumar No-1, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioners and the State. Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447,341,323,307,504,376/511/34 of the Indian Penal Code. It is alleged that the Petitioner no. 1 being the neighbor of the informant, entered the house of the informant and tried sexually assault her and on alarm being raised, several persons including her husband came but in the meantime, petitioners no. 2 and 3 also came and assaulted her husband.

It is submitted on behalf of the petitioners that that due to political rivalry the accusation has been levelled as the Petitioner no. 1 is husband of Sarpanch and informant is a Panch in the same

Patna High Court Cr.Misc. No.31263 of 2015 (2) dt.04-08-2015 Gram Panchayat. The occurrence took place on 21.09.2013 and FIR was lodged on 23.09.2013. On conclusion of investigation final form has been submitted under Sections 452,341,323,504,354/34 of the Indian Penal Code. Considering the above submissions and that investigation being concluded, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Bhagwanpur P.S. Case No. 156 of 2013 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Prakash/- U T