Sanjiv Kumar Choudhary @ Sanjiv Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31050 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -MAHILA PS District- DARBHANGA ======================================================
1. Sanjiv Kumar Choudhary @ Sanjiv Choudhary
2. Nitish Kumar Choudhary Both Sons of Late Maheshwar Choudhary Residents of village - Patori, P.S. Moro, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durga Nand Jha For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 354, 379, 427, 448, 504, 506 of the Indian Penal Code. It is alleged that petitioners and others entered into the house of the informant and petitioner No. 1 molested the informant and petitioner No. 2 pushed the informant on bed and tried to ravish her. It is also alleged that accused persons took away jewellary and cash from the house of the informant.
It is submitted by learned counsel for the petitioners that petitioners are nephew of the informant and due to the property dispute the accusation has been levelled. The date of occurrence is 07.09.2014 but the First Information
Patna High Court Cr.Misc. No.31050 of 2015 (2) dt.04-08-2015 2/2 Report was registered on 12.09.2014 which reached to the Court of learned In-charge, Sub-Divisional Judicial Magistrate on 15.09.2014 which suggests that by ante-dating the F.I.R has been registered.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the relationship between the petitioners and the informant, delayed lodging of the F.I.R and further delayed reaching of the F.I.R to the learned Court below, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila (Moro) P.S. Case No. 102 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T