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Patna High CourtCR. MISC./69305/2018bail granted

Dilchand Chauhan @ Dilchan Chauhan And ANR v. The State Of Bihar

2018-11-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69305 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- PAKARIBARAW District- Nawada ======================================================

1. Dilchand Chauhan @ Dilchan Chauhan, Son of Lato Chauhan.

2. Lato Chauhan, Son of Indar Chauhan Both Resident of VillageDharahara Tola Durgapur, Police Station Dhamaul, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons having armed with iron rod, lathi, brick, came at the door of the informant and on the pretext of grazing she-goat, they pushed her down and tried to outrage modesty. The informant's husband was assaulted by accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and

Patna High Court Cr.Misc. No.69305 of 2018(2) dt.30-11-2018 2/2 counter case between the parties. Free fight is alleged to have taken place due to a petty reason. The injury on the side of the accused persons including the petitioner has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Abinash, learned Judicial Magistrate-Ist Class, Nawada in connection with Pakri Barawan (Dhamaul O.P.) P.S. Case No. 207 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T