Umesh Chaudhary And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46821 of 2018 Arising Out of PS.Case No. -750 Year- 2016 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================
1. Umesh Chaudhary S/o Kalia Chaudhary
2. Lalu Chaudhary Son of Umesh Chaudhary
3. Dinesh Kumar Chaudhary @ Dinesh Chaudhary Son of Umesh Chaudhary
4. Urmila Devi @ Urmila Devi wife of Umesh Chaudhary All resident of Village - Shekhbagi, P.S.Fatehpur, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ram Padiya Devi Wife of Late Hari Lal Chaudhary Resident of Village - Shekhbagi, P.S.Fatehpur, District - Gaya.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 The petitioners are apprehending their arrest in connection with Complaint Case No. 750 of 2016, registered for offences punishable under Sections 323, 427, 504 of the Indian Penal Code and Section 3/4 of Prevention of Witch (Daain) Practice Act.
Allegation against the petitioners is of snatching of golden chain and assaulting the informant.
Submission of learned counsel for the petitioners is that the complaint has been lodged after 15 days of the occurrence and petitioners are the co villagers and falsely been implicated in this case due to village rivalry.
Patna High Court Cr.Misc. No.46821 of 2018 (2) dt.13-08-2018 2/3 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 Judicial Magistrate 1st Class Gaya, Civil Court, Gaya, in connection with Complaint Case No. 750 of 2016, 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 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
Patna High Court Cr.Misc. No.46821 of 2018 (2) dt.13-08-2018 3/3 prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T