Chander Chaupal @ Chandan Chaupal @ Chandan Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77165 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== Chander Chaupal @ Chandan Chaupal @ Chandan Choupal Son Of Pramod Chaupal Resident Of Village- Shri Rampur Dargh Tole, Ps- Sakatpur, DisttDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Sakatpur P.S. Case No. 86 of 2022 dated 28.09.2022 registered for the offence/s punishable u/ss 147, 148, 149, 323, 341, 307, 353, 506 and 509 of the Indian Penal Code and 3⁄4 of the Witch Act.

4. As per the prosecution case, it is alleged that a dead body was found under constructed house of the informant and thereafter the petitioner and the co-accused persons entered the house of the informant and started assaulting her and her mother-in-law by

Patna High Court CR. MISC. No.77165 of 2023(2) dt.04-01-2024 2/2 calling them witch. All the accused persons disrobed the informant and her mother-in-law and assaulted with lathi, danda, iron rod, legs and fists.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Sakatpur P.S. Case No. 86 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T