Ramchatri Prasad Kushwaha @ Ramchatri Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27412 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ramchatri Prasad Kushwaha @ Ramchatri Prasad son of Indrasan Mahto
2. Ranjan Kumar @ Ranjan Prasad Kushwaha, Son of Ramchatri Chatri Prasad.
3. Manorama Devi, Wife of Chhotelal Prasad Kushwaha.
4. Rakesh Kumar @ Rakesh Kumar Kushwaha @ Rakesh Prasad 5. Kushwaha, Son of Ramlal Prasad Kushwaha.
5. Tunu Kumar Kushwaha @ Tunua Kumar Prasad @ Tunna Prasad Kushwaha @ Tunnu Kumar Prasad, Son of Ramchatri Prasad. All are residents of Village - Sabeya Kala, Police Station - Chanpatiya Sirsiya (O.P.), District - West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 The petitioners are apprehending their arrest in connection with Chanpatiya (Sirsiya O.P.) P.S. Case No. 112 of 2017, registered for offences punishable under Sections 147, 149, 341, 323, 448, 379, 354(B), 504 and 506 of the Indian Penal Code. Allegation against the petitioner no. 1 that he torn the blouse of the informant and tried to undress her and allegation against other petitioners is of assault to the informant. It has been submitted on behalf of the petitioners that out and out false and fabricated allegations have been levelled against
Patna High Court Cr.Misc. No.27412 of 2018 (2) dt.09-05-2018 2/3 the petitioner and though there is allegation of assault to the informant, however, no injury report has been brought on record and further the dispute arose with regard to a petty issue of throwing the waste in front of house of the informant. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - Vth Bettiah, West Champaran, in connection with Chanpatiya (Sirsiya O.P.) P.S. Case No. 112 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.27412 of 2018 (2) dt.09-05-2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T