Bhola Chowdhary @ Santosh Chowdhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79589 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== 1.
Bhola Chowdhary @ Santosh Chowdhary Son Of Sukhru Chowdhary Village- Husainabad Ps- Ariyari Dist- Sheikhpura 2.
Bholi Chowdhary @ Ritesh Kumar @ Bholi Son Of Sukhru Chowdhary Village- Husainabad Ps- Ariyari Dist- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Ariyari P.S. Case No. 34 of 2023 dated 31.01.2023 registered for the offences punishable under Sections 341, 323, 324, 354B, 506 and 504 read with 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner are alleged to have outraged the modesty of informant's wife. On
Patna High Court CR. MISC. No.79589 of 2023(2) dt.25-01-2024 2/3 protest by the informant, they assaulted him with an iron rod, causing injury. Later on 31.01.2023, the other co-accused persons also assaulted the informant.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are accused in one more criminal case as stated in para 3 of the bail petition. There is a case and counter case between both the parties. Learned counsel has submitted that there was free fight between both the parties and both the parties sustained injuries. It is further submitted that the injuries are simple in nature. No offence u/s 354B is made out against the petitioner.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Ariyari P.S.
Patna High Court CR. MISC. No.79589 of 2023(2) dt.25-01-2024 3/3 Case No. 34 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T