Nathuni Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42570 of 2019 Arising Out of PS. Case No.-242 Year-2018 Thana- CHHAURADANO District- East Champaran ====================================================== NATHUNI CHAUDHARY Son of Jailal Chaudhary Resident of VillageJeetpur, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chhauradano P.S. Case No. 242 of 2018, disclosing offences under Sections 147, 148, 149, 447, 448, 341, 323, 354(B), 307 and 379 of the Indian Penal Code, including Section 8 of the POCSO Act.

Learned counsel, appearing on behalf of the petitioner, contends that the persons named in the FIR and the informant are agnates and there is dispute relating to family partition going on between them. It has also been asserted that for the same occurrence a counter case has been registered. It has also been argued that similarly circumstanced co- accused persons have been allowed anticipatory bail by this Court by

Patna High Court CR. MISC. No.42570 of 2019(2) dt.10-07-2019 2/2 order dated 29.03.2019, passed in Cr. Misc. No.19079 of 2019. Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran, Motihari, in connection with Chhauradano P.S. Case No. 242 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T