Sarvesh Chaudhary @ Sarvesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2732 of 2020 Arising Out of PS. Case No.-144 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== SARVESH CHAUDHARY @ SARVESH KUMAR CHAUDHARY, S/oLate Suryadeo Chaudhary, Resident of Village- Madhopur Ram, P.S.- Vaishali, Belsar O.P., District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 384, 504 and 506 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Bhuwaneshwar Chaudhary submitted before the Station House Officer, Vaishali (Belsar) O.P.) Police Station is to the effect that the petitioner threatened the informant on

Patna High Court CR. MISC. No.2732 of 2020(4) dt.28-02-2020 2/3 mobile phone to compromise the criminal case earlier lodged by the informant, otherwise, the informant and his son will be killed.

It is submitted by learned counsel for the petitioner that in the background of litigated relationship with the informant, he has been roped in the present case. It is further submitted that, apart from the present case, the petitioner has been made accused in altogether 9 other cases and most of the cases have been lodged for a petty dispute at the behest of the informant, but he is on bail almost in all the cases. It is further submitted that even assuming the accusation to be true, no case under Section 384 of the I.P.C. is made out.

It is submitted by learned APP for the State that there is specific accusation against the petitioner in the FIR. Considering the nature of accusation and litigated relationship with the informant and the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P.) P.S. Case No.144 of

Patna High Court CR. MISC. No.2732 of 2020(4) dt.28-02-2020 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T