Prem Chandra Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44762 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prem Chandra Chaudhary son of Sheo Shankar Chaudhary
2. Rajeshwar Chaudhary son of Jadolal Chaudhary Both resident of VillageBela Jitpur, P.S.- Jitna, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Ghorasahan (Jitna) P.S. Case No. 74 of 2016, disclosing offences under Sections 147,149,447,504,341,323,307,379,354B and 506 of the Indian Penal Code.
Petitioner No.1 is said to be the brother of the husband of the informant. All the persons, who have been made accused, belong to the same family.
Learned counsel for the petitioners has submitted that the allegation that all the persons had attempted to outrage the modesty of the informant by joining together is highly improbable. He further submits that prior to lodging of the present First
Information Report, petitioner No.1 had filed a complaint case vide Complaint case No. 69 of 2016 in which the informant is an accused. On the basis of the said complaint case, an F.I.R being Jitna P. S. Case No. 65 of 2016 has been registered. It has also been submitted that another FIR has been registered vide Jitna P.S. Case No. 84 of 2016 by petitioner no.2, whereafter the present case has been lodged by the informant containing false allegations. Considering the background of the dispute between the parties and the submissions made on behalf of the petitioner, this application is allowed.
Let the petitioners above named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, East Champaran in Ghorasahan (Jitna) P. S. Case No. 74 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Court/police, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail
bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/-c U