Charitar Chaudhary @ Ram Charitar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77849 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.

Charitar Chaudhary @ Ram Charitar Chaudhary, S/O Late Raghu Chaudhary, Resident of Village- Ankuri Bazar, PS. Khudaganj, Dist. Nalanda.

2.

Nakul Chaudhary @ Nakul Kumar, S/O Charitar Chaudhary @ Ram Charitar Chaudhary, Resident of Village- Ankuri Bazar, PS. Khudaganj, Dist. Nalanda.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Khudaganj P.S. Case No. 80 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504 of the Indian Penal Code. They have got no criminal antecedent.

3. As per the prosecution story, on 02.06.2023 at 07:30 P.M., when the family members of the informant were going for Dev Pooja, Charitar Chaudhary (petitioner no. 1) and Nakul Chaudhary (petitioner no. 2) started abusing and teasing female members of the informant, thereafter when the daughter

Patna High Court CR. MISC. No.77849 of 2023(2) dt.10-01-2024 2/3 of the informant protested, the accused persons assaulted her by means of Pasuli as a result of which she sustained injury on her right hand finger, in the meantime, when the informant tried to rescue her daughter, the accused persons assaulted him also. It is alleged that petitioner no. 1 assaulted brother and son of the informant by means of pasuli as a result of which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that both the parties have received injuries which seem to be simple in nature.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case, there being multiple injuries on the body of the victim girl Pooja Kumari and those injuries have been attributed to the petitioners, in the kind of weapon used and the multiple injuries noticed in the injury report, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

7. The prayer for anticipatory bail of the petitioners is, thus, refused.

8. In case the petitioners surrender and pray for

Patna High Court CR. MISC. No.77849 of 2023(2) dt.10-01-2024 3/3 regular bail within a period of four weeks from today in the learned court below, their prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T