Patna High CourtCR. MISC./28740/2017bail granted

Shyam Chouhan And ANR v. State Of Bihar And ANR

2017-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28740 of 2017 Arising Out of PS.Case No. -1150 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Shyam Chouhan

2. Ram Dev, Chouhan, Both sons of Kanhaiya Lal Chouhan, residents of village - Laxmipur, P.S. Rautara, District Katihar .... Petitioners

Versus

1. The State of Bihar.

2. Pramila Devi, wife of Ram Sundar Chouhan, resident of village - Laxmipur, P.S. Rautara, District Katihar .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Bimal Kumar, Adv. For the Opposite Parties : Mr. Satyadev Prasad Singh Yadav, APP 131 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Section 354/34 of the Indian Penal Code. The complaint based allegation against the petitioners is that they committed rape against the informant, who is own aunt of the petitioners.

In reply to the Court questions, the complainant has stated that there is land dispute between the parties for partition of the property since last ten years.

Considering the inimical relation and land dispute admitted by the complainant, the chances of false implication can not be ruled out.

Hence, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each in connection with C.A. Case No.

Patna High Court Cr.Misc. No.28740 of 2017 (2) dt.06-07-2017 2/2 1150 of 2015 to the satisfaction of Sri M.K. Jha, Judicial Magistrate, 1st Class, Katihar, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √