Raju Chaudhary @ Bhagwan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55204 of 2025 Arising Out of PS. Case No.-1080 Year-2022 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== 1.
Raju Chaudhary @ Bhagwan Chaudhary 2.
Upendra Kumar Both are sons of late Ramdeo Chaudhary 3.
Sheoshankar Chaudhary 4.
Gupteshwar Chaudhary 5.
Binod Chaudhary All sons of Ram Paravesh Chaudhary 6.
Bhola Kumar 7.
Jitendra Kumar S/o Ramayan Chaudhary All R/o village- Amara Talab, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Maya Devi W/o Dasharath Chaudhary R/o village- Amara Talab, P.S.- Sasaram M., District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Murari, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Complaint Case No.1080 of 2022 registered for the offences punishable under Sections 323, 341, 354-A, 376 and 511/34 of the Indian Penal Code .
3. As per the allegation made in the complaint
Patna High Court CR. MISC. No.55204 of 2025(2) dt.27-08-2025 2/3 petition, the petitioners have allegedly attempted to commit rape from the complainant.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and the provision of Section 376 IPC is not attracted. No overtact has been committed by the petitioners. Husband of the complainant has also lodged a false criminal case against the petitioners. On these grounds, the petitioners seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners and submitted that the petitioners in paragraph no.3 of the bail application have submitted that they have clean antecedent but from perusal of the impugned order, it appears that earlier also the husband of the complainant had lodged an FIR against the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that no overtact has been committed by the petitioners, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of
Patna High Court CR. MISC. No.55204 of 2025(2) dt.27-08-2025 3/3 Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas at Sasaram/concerned court, in connection with Complaint Case No.1080 of 2022 subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T