Suraj Chaudhary @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50745 of 2024 Arising Out of PS. Case No.-1093 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Suraj Chaudhary @ Suraj Kumar, Son of Shri Dhannu Choudhary, Resident of Mohalla- Kathak Tal, Shershah Road, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meera Devi, Female aged about 49 years, Wife of Late Dayanand Choudhary, Resident of Mohalla- Kathak Tal, Shershah Road, P.S.- Alamganj, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2025 Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Dilip Kumar No. 1, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No.1093 of 2023 registered under Section(s) 323, 352, 354, 379 and 504 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner tried to outrage the modesty of the daughter of the complainant.

Patna High Court CR. MISC. No.50745 of 2024(3) dt.31-01-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. The petitioner and the complainant's sides are own family members (agnates). There is case and counter case between the parties. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the facts and circumstances of the case, as well as, the fact that there is case and counter case between the parties, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. Ist Class, Patna City, Patna in connection with Complaint Case No.1093 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is

Patna High Court CR. MISC. No.50745 of 2024(3) dt.31-01-2025 3/3 pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T