Ajay Chouhan And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7288 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -HISUA District- NAWADA ======================================================

1. Ajay Chouhan, son of Devaki Chouhan

2. Deoki Chouhan, son of Late Modi Chouhan

3. Kaushal Chouhan @ Engineer, son of Deoki Chouhan

4. Guddu Chouhan, son of Deoki Chouhan

5. Kapila Devi, wife of Deoki Chouhan

6. Sarita Devi, Wife of Binod Chouhan All are Residents of villageShibnarayan Bigha, P.S.- Hisua, District- Nawada .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Roy-I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Hisua P.S. Case No. 129 of 2015, disclosing offences under Sections 147, 148, 149, 323, 341, 307, 379 and 504 of the Indian Penal Code.

A complaint case filed by the informant is the basis of registration of First Information Report under Section 156(3) of the Cr.P.C. The informant of this case Binod Chauhan is the husband of the petitioner no. 6. Others petitioners are family members of petitioner no. 6.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated, because of a matrimonial dispute between the informant and petitioner No. 6 and

Patna High Court Cr.Misc. No.7288 of 2016 (2) dt.15-03-2016 2/2 consequent institution of First Information Report for an offence under Section 498A of the Indian Penal Code, filed against the informant and his family members. It has also been submitted that co-accused Bhushan Chauhan has been granted bail by this Court's order dated 27.01.2016 passed in Criminal Miscellaneous No. 3892 of 2016.

Considering the submission as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 129 of 2015, 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 police/Court, 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) Vats/- U T