Ravi Chaurasiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61816 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- HISUWA District- Nawada ======================================================
1. Ravi Chaurasiya, Son of Kamlesh Chaurasiya
2. Biru Chaurasiya, Son of Charitra Chaurasiya
3. Rupesh Chaurasiya @ Rupesh Kumar, Son of Laxman Chaurasiya All Resident of Village-Manjhwe, P.S.-Hisua, District-Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsels for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 354, 504 and 506 of the IPC.
The prosecution case, as per the fardbeyan of Pankaj Kumar, recorded by S. I. Dinkar Dayal, Nawada Town P. S., at Emergency Ward, Sadar Hospital, Nawada, is to the effect that informant Pankaj Kumar, performed Court Marriage with Puja Kumari, sister of petitioner no.1, Ravi Chaurasiya, leading to registration of a case with accusation of kidnapping being Hisua P.S. Case No. 50 of 2017 against the informant. It is further alleged that on 19.05.2018, the accused persons including the petitioner came to the shop of the informant and started
Patna High Court Cr.Misc. No.61816 of 2018(2) dt.06-10-2018 2/3 assaulted him and thereafter the informant was brought to Chaurasiya Panchayat Bhawan where petitioner no.2, Biru Chaurasiya and petitioner no.3, Rupesh Chaurasiya caught hold of the informant and co-accused Kamlesh Chauraisya assaulted with handle of hand-pump on his chest. Thereafter, co-accused Rajesh Kumar and petitioner no.1, Ravi Chaurasiya climbed upon the chest of the informant and assaulted him. It is further alleged that the co-accused Kamlesh Chaurasiya, abused and outraged the modesty of the mother of the informant. It is submitted by the learned counsel for the petitioner that the accusation has been levelled in the background of earlier case lodged by the petitioners' side against the informant and the injuries are found to be simple in nature caused by hard and blunt substance. It is further submitted that for the occurrence of 19.05.2018, the FIR was lodged on 06.06.2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the accusation is specific against the petitioners.
Considering the nature of accusation levelled in the background of earlier case lodged by the petitioners' side against the informant coupled with the statement made in
Patna High Court Cr.Misc. No.61816 of 2018(2) dt.06-10-2018 3/3 paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Hisua P. S. Case No. 155 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T