Ajay Chaudhary And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21108 of 2016 Arising out of PS.Case No. -25 Year- 2016 Thana -SC/ST District- SITAMARHI ======================================================
1. Ajay Chaudhary, S/O Shobha Kant Chaudhary.
2. Ravi Ranjan Chaudhary, s/o Chandra Kant Chaudhary.
3. Rahul Chaudhary, S/O Chandra Kant Chaudhary. All residents of villageBagahi Punarwasa, P.S. Bairgania, Distt. Sitamarhi. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Virendra Kumar, Advocate. For the Opposite Party : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Sitamarhi SC/ST P.S. Case No. 25 of 2016 for the offences instituted under Sections 341, 323, 324, 448, 354, 379/34 of the IPC and 3(1)(x)(xi) of the SC/ST (Prevention of Atrocities) Act.
The prosecution story, in brief, is that the petitioners alongwith other accused persons came to the house of the informant armed with Lathi, rod etc., and started assaulting the informant after entering into the house. The accused persons also abused the informant by calling his caste name and gave threat to
Patna High Court Cr.Misc. No.21108 of 2016 (3) dt.27-06-2016 2/3 kill. It is further alleged that petitioner Ajay Choudhary assaulted the informant with rod on his head, on account of which, the informant sustained injury on his back. Other accused persons assaulted the informant with fists and kicks. It is further alleged that the wife of the informant came to save on hulla then the accused persons also assaulted her and torn her blouse. The accused persons broke the box of the informant and took out Rs. 2,000/-.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. No specific allegation has been made against the petitioners. General and omnibus allegation has been made against the petitioners. The matter has been compromised between the parties which is evident from perusal of Annexure-2.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Sitamarhi SC/ST P.S. Case No. 25/2016 on furnishing bail bond of Rs. 10,000/-(Ten
Patna High Court Cr.Misc. No.21108 of 2016 (3) dt.27-06-2016 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T