Rajkumar Chauhan @ Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84288 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Rajkumar Chauhan @ Rajkumar S/O Ramsare Chouhan R/O Village- Pipra Pokhrar, P.S- Pakribrawan, Distt.- Nawada.

2.

Ramautar Chauhan S/O Ramsawroop Chauhan R/O Village- Pipra Pokhrar, P.S- Pakribrawan, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-01-2024 Heard Mr. Sheo Kumar Prasad, learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Pakribrawan P.S. Case No. 254 of 2023, registered for the offences punishable under Sections 341, 323, 504, 506, 354, 307, 34 of the Indian Penal Code.

3. Allegedly, while the informant was going to attend nature call, in the meantime, the petitioner no. 1 intercepted her and started abusing, whereupon some altercation took place. Thereafter petitioner no. 2, Ramautar Chouhan came with iron rod and assaulted the informant. Further allegation has been

Patna High Court CR. MISC. No.84288 of 2023(2) dt.24-01-2024 2/3 levelled that when the husband of the informant came to her rescue, the petitioners along with other person namely, Kaushal Kumar assaulted the husband of the informant. It is also alleged that earlier the accused persons, including the petitioners, have also killed the son of the informant due to which Koderma P.S. Case No. 76 of 2023 was also registered.

4. It is submitted on behalf of the petitioners that in fact the petitioners and the informant are next door neighbour and the son of the informant and the petitioners were used to ply a Truck and on account of some mechanical break down, the son of the informant died However, suspicion has been raised against the petitioners and others and the present case is also offshoot of the earlier case. He further drew the attention of this Court to the injury report, copies of which have been brought on record by way of Annexure-3 and referring thereto, he submits that all the injuries have been found to be simple in nature. He next submits that moreover, the alleged occurrence took place on 11.06.2023 but the FIR was instituted on the next day, 12.06.2023.

5. On the other hand, learned counsel for the State opposed the bail application.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.84288 of 2023(2) dt.24-01-2024 3/3 behalf of the parties and considering the omnibus nature of allegation and the simple injuries, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada in connection with Pakribrawan P.S. Case No. 254 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T