Ganesh Choudhary @ Mukesh Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48981 of 2015 Arising out of PS.Case No. -704 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Ganga Choudhary @ Ganga Kumar Choudhary, Son of Ram Saran Choudhary, resident of Mohalla- Marufganj, Ward No 20, P.S Saharsa, Dist- Saharsa.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.50179 of 2015 Arising out of PS.Case No. -704 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Ganesh Choudhary @ Mukesh Kumar Jaiswal, Son of Ram Saran Choudhary, resident of Mohalla - Marufganj ward no. 20, P.S. Saharsa, Dist - Saharsa.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.48981 of 2015) For the Petitioner : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. (In Cr.Misc. No.50179 of 2015) For the Petitioner : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsels for the petitioners, informant and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Saharsa Sadar P.S. Case No. 704 of 2015 for the
Patna High Court Cr.Misc. No.48981 of 2015 (3) dt.04-02-2016 2/3 offences instituted under Sections 341, 323, 324, 307, 379 and 504/34 of the IPC.
The prosecution story, in brief, is that the informant being the widow, her parents provided her to live in her Maike with her children and working as Angan Bari Sevika and her brothers do not like that she may remain live there and due to this reason, the accused persons used to abuse, assault and torture her in various manner and it is alleged that on 27.08.15 at 4.00 P.M., merely on a trifling matter, she has been assaulted by the accused persons and accused Ganga Choudhary thrown her down on the ground by catching her hair lock and accused Ganesh Choudhary ordered to kill her and then accused Ganga Choudhary gave Khanti blow on her head and her younger brother demanded Rs. One Lac in lieu of her staying there and the accused persons also deprived her from her ornaments.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. The petitioners and the informant happen to be the own brothers and sister. From perusal of Annexure- 3, it appears that the nature of injury is simple. It is further submitted that the matter has been compromised between the parties.
Learned counsel for the informant is present and he
Patna High Court Cr.Misc. No.48981 of 2015 (3) dt.04-02-2016 3/3 admits that the informant has telephonically informed him that the compromise has taken place.
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 Saharsa Sadar P.S. Case No. 704/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T