Chathu Yadav @ Chhathu Choudhary And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29933 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Chathu Yadav @ Chhathu Choudhary, Son of Birja Yadav

2. Buna Devi, wife of Chathu Yadav

3. Dashrath Yadav @ Dasrath Kumar, Son of Chathu Yadav

4. Sunita Kumari

5. Kismat Kumari

6. Bachan Kumari Sl. No. 4 to 6 all daughters of Chathua Yadav All Residents of Village. - Harihans, P.S. - Hussainganj, Distt. - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Hussainganj P.S. Case No., 62 of 2014 registered for the offences punishable under Sections 341, 323, 379, 376 and 511 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, Ram Parvesh Yadav co-accused tried to outrage the modesty of the informant but due to alarm being raised the co-accused fled away and then these petitioners assaulted her and further it is alleged that the petitioner no. 2 snatched gold

Patna High Court Cr.Misc. No.29933 of 2014 (2) dt.16-01-2015 chain.

Submission is that the petitioners have been falsely implicated. Allegation under Section 379 of the Indian Penal Code is super addition and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that Section 376/511 of the Indian Penal Code is not against the petitioners rather the same is against Ram Parvesh Yadav.

In the facts and circumstances as stated above, the petitioners in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 62 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J) Vats/- U T