Arun Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1958 of 2021 Arising Out of PS. Case No.-16 Year-2015 Thana- SIRDALA District- Nawada ====================================================== 1.

ARUN CHAUHAN SON OF LATE RAMSWARUP CHAUHAN RESIDENT OF VILLAGE-RABIO,P.S-SIRDALA, DISTRICT-NAWADA 2.

MANNU CHAUHAN SON OF LATE RAMSWARUP CHAUHAN RESIDENT OF VILLAGE-RABIO,P.S-SIRDALA, DISTRICT-NAWADA 3.

RAJO CHAUHAN SON OF MUNNILAL CHAUHAN RESIDENT OF VILLAGE-RABIO,P.S-SIRDALA, DISTRICT-NAWADA 4.

GORELAL CHAUHAN SON OF DARA SINGH RESIDENT OF VILLAGE-RABIO,P.S-SIRDALA, DISTRICT-NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 342, 323, 307, 376/511, 504 and 506 of the Indian Penal Code.

Allegedly, the accused persons having armed with Falsa, Gadansa, Lathi, Khanti, gun entered the house of informant and

Patna High Court CR. MISC. No.1958 of 2021(2) dt.15-07-2021 2/3 started abusing and assaulting. Birendra Chouhan and Pappu Chouhan are alleged to have assaulted the informant as a result of which the informant sustained injuries. The accused persons tried to outrage modesty of the informant. The persons came to rescue the informant, were also assaulted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The allegation of overt act is alleged against coaccused Birendra Chouhan and Pappu Chouhan. The other coaccused with similar allegation has been granted bail by a coordinate bench of this court (then his Lordship was) vide order dated 13-08-2018 passed in Cr. Misc. No. 46740 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on

Patna High Court CR. MISC. No.1958 of 2021(2) dt.15-07-2021 3/3 anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Sirdalra P.S. Case No. 16 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T