Rajaram Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4192 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -NARHAT District- NAWADA ====================================================== Rajaram Chauhan, Son of Badri Chauhan, Resident of Village - Sitamarhi, P.S. - Sithmarhi (Narhat), District - Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2015 Heard both sides.
The petitioner apprehends his arrest in Narhat (Sitamarhi) P.S. Case No. 175 of 2014, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 333, 353, 427, 436, 448, 504, 506, 291, 114, 117, 186 and 120B of the Indian Penal Code and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984.
The informant SHO of Sitamarhi police station alleged that on 04.10.2014 some dispute arose during Durga Puja fair. Rajesh Chouhan and his men assaulted Mithun Chouhan, Muneshwar Chouhan and Sheonandan Chouhan. They were brought to hospital for treatment but Mithun Chouhan died during course of treatment. The informant alleged that thereafter family members of Mithun Chouhan and other villagers entered into the
Patna High Court Cr.Misc. No.4192 of 2015 (2) dt.30-01-2015 2/2 police station premises and also set ablaze the vehicles parked in the police station.
Learned counsel for the petitioner submits that though the petitioner is named in the FIR, but no specific allegation is made against him. Many villagers assembled in protest against killing of Mithun Chouhan for which Narhat (Sitamarhi) P.S. Case No. 174 of 2014 was earlier registered. Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory 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 Sub-Divisional Judicial Magistrate, Nawada in connection with Narhat (Sitamarhi) P.S. Case No. 175 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Dilip/- U T