Jitendra Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17879 of 2015 (2) dt.03-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17879 of 2015 Arising Out of PS.Case No. -287 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Jitendra Chaudhary,

2. Butai Chaudhary alias Arun Chaudhary,

3. Birendra Chaudhary, all sons of Kailash Chaudhary, resident of the village- Bartara, P.S. Wazirganj, O.P. Tankuppa, at District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt.Rita Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Wazirganj (Tankuppa) P.S. Case No. 287 of 2014 registered under Sections 323, 354, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that in course of returning of the informant after taking medicine, petitioner no. 1 tried to outrage her modesty by catching her hand and forcibly took her, when she raised alarm then petitioner nos. 2 and 3 came and assaulted her with fist and slaps and also snatched her gold ear ring. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.17879 of 2015 (2) dt.03-06-2015 petitioners and the informant are co-villagers and petitioners have falsely been implicated in this case due to dirty village politics. It is further submitted that police after investigation submitted charge sheet under Sections 323, 354, 504 and 506/34 of the Indian Penal Code and all these sections are bailable except Section 354 of the Indian Penal Code. It is further submitted that petitioners have no criminal antecedent.

Under the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Gaya, in connection with Wazirganj (Tankuppa) P.S. Case No. 287 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T