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Patna High CourtCR. MISC./67273/2025bail granted

Diwakar Kumar Choudhary @ Diwakar Anand v. The State Of Bihar

2025-09-17Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67273 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- Marnga District- Purnia ====================================================== 1.

Diwakar Kumar Choudhary @ Diwakar Anand S/o Dheerendra Prasad Choudhary @ Dhirendra Prasad Chaudhary R/o Village - Lohapur @ Lohapul Gangeli, P.S - Maranga, District - Purnea 2.

Ram Dular Choudhary S/o Jay Ram Choudhary R/o Village - Lohapur @ Lohapul Gangeli, P.S - Maranga, District - Purnea ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anil Kumar Anal, Advocate Mr. R.K. Sharma, Advocate Mr. S.N. Yadav, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Maranga PS. Case No-182 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 76, 3(5) of the B.N.S., 2023.

3. As per allegation, the Petitioners have outraged the modesty of the Informant and on protest, she was assaulted by them.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.67273 of 2025(2) dt.17-09-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, there is love affairs between the Informant and the Petitioner No.1 and the Informant wanted to marry him. But, on account of refusal of the family of the Petitioner No.1, both the Petitioners have been falsely implicated in this case.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Maranga PS. Case No-182 of 2025, subject to the

Patna High Court CR. MISC. No.67273 of 2025(2) dt.17-09-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T