Amarlal Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2096 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amarlal Chaudhary, son of Shatrudhan Chaudhary

2. Maharani Devi, w/o Amarlal Chaudhary

3. Sadhu Chaudhary, son of Satrudhan Chaudhary, all residents of village Balua Chimari Tola, P.S. Loukariya, District West Champaran .... .... Appellants

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard learned counsel for the appellants and learned Special P.P.

This appeal has been filed for setting aside the order dated 2.3.2017 passed by 1st Additional Sessions Judge-cumSpecial Judge, West Champaran, Bettiah, in A.B.P. No. 212 of 2017, arising out of Laukariya P.S.case No. 73 of 2016 registered under Sections 447, 341, 342, 323, 307, 379, 506/34 of the Indian Penal Code and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellants.

Allegation against the appellants as per FIR is that they have entered the house of informant and there is allegation against each of them to assault the informant and his family members.

It has been submitted on behalf of the appellants that there is no allegation of abusing or outraging modesty against the appellants and injuries are simple in nature and further the parties

Patna High Court CR. APP (SJ) No.2096 of 2017 (2) dt.21-07-2017 2/2 have compromise the matter.

Learned Special P.P., who could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.

Let appellants, named above, surrender before the court of Special Judge and on their so surrendering they shall be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cumSpecial Judge, West Champaran, Bettiah, in connection with Laukhariya P.S.Case No. 73 of 2016, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, they will co-operate in investigation of the case and they will not in any threat and make pressure on the informant. (Vinod Kumar Sinha, J) spal/- U