Sadan Chuadhary @ Sadan Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53942 of 2021 Arising Out of PS. Case No.-232 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== SADAN CHUADHARY @ SADAN MOHAN S/o LATE SURENDRA CHAUDHARY R/o VILLAGE-TARSAN, P.S-KUDHNI (TURKI O.P), DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 342, 376, 511, 323, 324, 307, 448, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 29.03.2021 at 06.00 PM, Madan Chaudhary, Om Prakash Chaudhary and Manish Chaudhary forcibly entered her house and tried to commit rape but on alarm her husband Dinesh came and the accused persons assaulted him and he was badly injured and thereafter it is alleged that named accused

Patna High Court CR. MISC. No.53942 of 2021(4) dt.21-12-2022 2/3 persons along with 20-25 unknown persons came variously armed and they assaulted the informant and her family members and Om Prakash Chaudhary and Madan Chaudhary took away valuables from her house.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the allegation of assault is specific against Madan, Prakash and Manish who have initially assaulted the husband of the informant, as far as this petitioner is concerned, the allegation against him is general and omnibus in nature, it is also submitted that no doubt injury is grievous but then it is not the case of the prosecution that it was the petitioner who had assaulted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.53942 of 2021(4) dt.21-12-2022 3/3 pending/successor court in connection with Kudhani (Turki O.P.) P.S. Case No. 232 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T