Nitish Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56288 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== Nitish Chaupal Son of Nunu Chaupal R/V- Pakhaul Kurso, P.S- Madhepur, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354(B), 323, 379 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, this petitioner tried to molest the daughter of informant. When the daughter and daughter-in-law of informant protested, all the FIR named accused persons including petitioner armed with weapons came and assaulted the informant and also snatched cash of Rs. 600/- from the pocket of father of informant.

It is submitted that petitioner has been falsely implicated in this case. Co-accused Tetari Devi has filed a

Patna High Court CR. MISC. No.56288 of 2022(2) dt.16-03-2023 2/2 Complaint Case bearing Complaint Case No. 363 of 2022 against the informant and others. There is case and counter case. The present FIR has been lodged after delay of three days without any plausible explanation. Moreover, injuries sustained by the injured persons are simple in nature. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 2nd, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 94 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T