Bichan Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5678 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BHORE District- Gopalganj ====================================================== 1.
BICHAN CHAURASIYA SON OF GAAJAR CHAURASIYA RESIDENT OF VILLAGE - SEMRAUNA, POLICE STATION - BHORE, DISTRICT - GOPALGANJ 2.
RAM CHANAR CHAURASIYA SON OF GAAJAR CHAURASIYA RESIDENT OF VILLAGE - SEMRAUNA, POLICE STATION - BHORE, DISTRICT - GOPALGANJ 3.
NITISH KUMAR SON OF VIDHICHANDRA CHAURASIYA RESIDENT OF VILLAGE - SEMRAUNA, POLICE STATION - BHORE, DISTRICT - GOPALGANJ 4.
SATISH KUMAR SON OF VIDHICHANDRA CHAURASIYA RESIDENT OF VILLAGE - SEMRAUNA, POLICE STATION - BHORE, DISTRICT - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Singh, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2024 Heard the parties.
2. The petitioners are apprehending arrest in connection with Bhore P.S. Case No. 92 of 2023 PTN No. 848 of 2023 instituted under Sections 447, 448, 341, 323, 354B, 307, 504 and 34 of the Indian Penal Code lodged on 8.3.2023 by the informant, Mintu Devi.
3. As per the prosecution story, the informant alleged that when she along with her daughter was sitting at the door, the accused persons variously armed came and after abusing them, some of the ladies including the petitioners took her
Patna High Court CR. MISC. No.5678 of 2024(2) dt.20-02-2024 2/2 daughter nearby a bush, assaulted and tried to outrage her modesty. Upon protest, the other accused persons assaulted the informant's side. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that there is general and omnibus allegation of assault against all the petitioners and the injuries have been found to be simple in nature which is part of the record as Annexure-2 though, he concedes, so far as the girl is concerned, the opinion was kept reserved as C.T. Scan of her brain was being undertaken.
5. Learned APP, Mr. Rajendra Singh submits that the accused persons forming unlawful assembly not only dragged the girl towards the bushes, they tried to outrage her modesty and the injuries that have been inflicted to her though have been found to be simple in nature, the report has not been made available. From a bare perusal of the opinion of the Doctor, it seems that she has suffered assault on her head.
6. Considering the aforesaid facts, the anticipatory bail application of the petitioners stand rejected. (Rajiv Roy, J) Ravi/- U T