Sunil Kumar @ Sunil Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44146 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunil Kumar @ Sunil Chaudhary

2. Ranjan Chaudhary @ Rajan Kumar, both are sons of Pahwari Chaudhary

3. Sarswati Devi, wife of Pahwari Chaudhary

4. Runai Chaudhary, son of Late Chingi Chaudhary All are resident of village- Bhitaha, P.S. Bairiya, District- West Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party : Smt. Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Bairiya P.S. Case No. 186 of 2017, registered for the offences punishable under Sections 341, 323, 447, 457, 307, 380, 379, 504, 506/34 of the Indian Penal Code. From perusal of the First Information Report, it reveals that the specific allegation for assaulting with barchhi to Shiv Chaudhary the husband of the informant is against Pahwari Chaudhary. The allegation against the petitioner Sarswati Devi is for catching the hair and to assault with danda and against the petitioner Runai Chaudhary there is allegation for throwing bricks and stones and assaulting

Patna High Court Cr.Misc. No.44146 of 2017 (2) dt.20-09-2017 2/2 them, further allegation against Sarswati Devi to have take out gold ear ring and nose piece of the informant. Submission is of false implication and that it is alleged that when the informant became senseless then his ear ring and nose piece was snatched by Sarswati Devi which appears super addition and not reliable and probable. The informant has not received any injury and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 3rd, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 186 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T