Suren Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65707 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

SUREN CHAUHAN Son of Shankar Chauhan Resident of VillageMahamadpur, P.S.- Khizarsarai, District- Gaya(Bihar) 2.

AMAN CHAUHAN Son of Late Jamun Chauhan Resident of VillageMahamadpur, P.S.- Khizarsarai, District- Gaya(Bihar) 3.

ASLOK CHAUHAN @ ALOK CHAUHAN @ ALOK KUMAR Son of Chamru Chauhan Resident of Village- Mahamadpur, P.S.- Khizarsarai, District- Gaya(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code.

Allegedly, when the informant alongwith her sister was going for treatment of her arm, the petitioners assaulted her and also tried to outrage her modesty.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He

Patna High Court CR. MISC. No.65707 of 2022(2) dt.17-01-2023 2/2 submits that both the parties are agnates and there is a dispute regarding gali (lane). The injuries sustained by the informant are found as simple in nature, which is also evident from annexure2 of the bail application. He further submits that the petitioners have enjoyed the benefit of section 41(a) of CrPC. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khijarsarai P.S. Case No.403 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T