Ashok Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.871 of 2017 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.871 of 2017 ======================================================

1. Ashok Chaudhary Son of Bindeshwar Chaudhary

2. Savitri Devi D/o Wife of Ashok Chaudhary

3. Barsha Kumari, D/o Ashok Choudhary null

4. Raj Kumar, Son of Ashok Choudhary All Resident of Village- Ajhour,P.S. - Neema Chanpura, DistrictBegusarai. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Neema Chandpura P.S. Case No. 61 of 2016 registered for the offences punishable under Sections 341, 323, 354, 376, 313, 504, 506/34 of the Indian Penal Code.

Allegedly, Aniket Chaudhary, the son of the petitioners no. 1 and 2, committed rape with the informant and when she protested and stated to lodge the case, he assured to marry with her, thereafter, developed physical relation several times, resulting, the informant became pregnant and this matter was reported to the petitioners no. 1 and 2 who assured to marry but at first to abort for which the informant was not ready but all of them forcibly gave medicine and resulting, she was aborted, thereafter, they are not ready to marry Aniket Chaudhary with

Patna High Court Cr.Misc. No.871 of 2017 (2) dt.12-01-2017 the informant and they assaulted and abused the informant. Submission is of false implication and that the petitioners have got no concern, they are old father and mother and also brother and sister of Aniket Chaudhary who allegedly has committed crime and the petitioners have been implicated with this false implication and as such the petitioners deserve sympathetic consideration to which learned APP opposes by submitting that from perusal of the impugned order it reveals that the victim girl has supported the allegation in her statement recorded under Section 164 Cr.P.C.

In the facts and circumstances stated above, considering the limited role of the petitioners, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Begusarai in connection with Neem Chandpura P.S. Case No. 61 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T