Surendra Chouhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25467 of 2015 Arising Out of PS.Case No. -231 Year- 2013 Thana -RAJPUR District- BUXAR ======================================================

1. Surendra Chouhan Son of Ram Lal Chouhan

2. Rabindra Chouhan Son of Ram Lal Chouhan

3. Shri Bhagban Chouhan Son of Kishore Chouhan

4. Chandan Chouhan Son of Jitendra Chouhan All resident of VillageSarenja P.S. Rajpur, District- Buxer. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case registered under sections 323, 452, 354, 376, 511 of the Indian Penal Code. The prosecution story to the effect is that one Ful Kumari Devi filed a Complaint Case before the learned Chief Judicial Magistrate, Buxar vide Complaint Case No. 1140C/2013 in which it has been stated that the accused persons attempted to rape her but due to raising alarm nothing was done then another accused person assaulted and abused the informant and her daughter Satyam Kumari.

On behalf of the petitioners it has been submitted that there is a case and counter case. Further it is submitted that charge sheet in the case has been submitted for the offence under section 504 of the Indian Penal Code but the learned court below differing with the said police report

Patna High Court Cr.Misc. No.25467 of 2015 (2) dt.14-07-2015 2/2 has taken cognizance under section 376, 511 and other allied sections of the Indian Penal Code. It is further submitted that the petitioners have no criminal antecedent.

On behalf of the State it is submitted that petitioners are named in the first information report.

Considering the aforesaid facts the above named petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt /production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Rajpur P.S. Case No. 231 of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Sudhir Singh, J) M.Rahman/- U T