Thag Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3178 of 2024 Arising Out of PS. Case No.-54 Year-2013 Thana- MAHILA P.S District- West Champaran ====================================================== Thag Chaudhary S/o Neur Chaudhary R/o Village Basgaon, Manjhariya, PSBhairoganj, Dist West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mahila Bagaha P.S. Case No. 54 of 2013, dated 02.08.2013 for the offences punishable under Sections 376, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused Sunil Yadav, committed rape on the informant and the co-accused Akhilesh Choudhary abused and assaulted the informant. When the husband of the informant went to the co-accused persons to complain, the accused Sunil Yadav and Akhilesh Choudhary assaulted him. Thereafter, the petitioner along with the coaccused assaulted the husband of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.3178 of 2024(2) dt.20-02-2024 2/2 para 3 of the bail petition. The petitioner has been made accused only because he is family member of co-accused Sunil Yadav. Similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.08.023 passed in Cr. Misc. No. 51787 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bagaha, West Champaran in connection with Mahila Bagaha P.S. Case No. 54 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T