Bhogendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60550 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== BHOGENDRA CHOUDHARY S/o Late Saryug Choudhary R/o villageKasama Marar, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Thakur For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.
The petitioner apprehends his arrest in Khajouli P.S. Case No.49 of 2019 registered under Sections 341, 323, 354B, 379, 427, 504 and 34 of the Indian Penal Code. The informant alleged that the petitioner along with other accused persons were cutting her mango trees on 28.03.2019. The informant informed the family members but on that day on account of night the informant did not complain. On the next day, the informant went to complain but the accused persons assaulted the informant with fists and slaps and torn her clothes. Akhlilesh Chaudhary is alleged to have snatched a chain made of gold worth Rs.40,000/-.
Learned counsel for the petitioner submits that the occurrence took place on 28.03.2019 but the information was
Patna High Court CR. MISC. No.60550 of 2019(2) dt.16-10-2019 2/2 given to the police station on 02.04.2019 on the basis of which present F.I.R. was registered. No occurrence as alleged by the informant took place and the petitioner did not cut any mango tree of the informant.
Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII, Madhubani in connection with Khajouli P.S. Case No.49 of 2019, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T