Nagendra Kumar Chauubey @ Nagendra Chaubey@ Narendra Kr. Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66723 of 2021 Arising Out of PS. Case No.-376 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

NAGENDRA KUMAR CHAUUBEY @ NAGENDRA CHAUBEY@ NARENDRA KR. CHAUBEY Son of Late Ram Ayodhya Chaubey Resident of - Mahamad Pur Nilami, P.S. - Barauli, District - Gopalganj. 2.

Sumit Kumar Chaubey @ Sumit Chaubey Son of Nagendra Chaubey Resident of - Mahamad Pur Nilami, P.S. - Barauli, District - Gopalganj. 3.

Abhimanyu Kr. Chaubey @ Abhimanyu Chaubey Son of Nagendra Chaubey Resident of - Mahamad Pur Nilami, P.S. - Barauli, District - Gopalganj. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-09-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Barauli P.S. Case No. 376 of 2019, registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code and 27 of the Arms Act.

As per allegation, the marriage of daughter of the informant was solemnized with Sumit Chaubey in 2018. The

Patna High Court CR. MISC. No.66723 of 2021(3) dt.22-09-2022 2/3 accused persons were torturing her for non-fulfillment of dowry demand. His daughter has filed a case in which Sumit Chaubey was sent to prison and after release he used to threaten the informant and his daughter. On 28.10.2019, the accused persons named in the FIR came to the house of the informant and the allegation against petitioner No. 1 and 3 is that he started firing at Ameer Singh who sustained firearm injuries. Learned counsel for the petitioners has submitted that the entire allegation is false and concocted. He has submitted further that the injured Ameer Singh has filed affidavit and he did not name the petitioners. His statement has not been recorded under Section 161 of the Cr.P.C. He has also submitted that the parties have compromised the case.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned 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 learned Additional District and Sessions Judge-I, Gopalganj in connection with Barauli P.S. Case No. 376 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.66723 of 2021(3) dt.22-09-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T