Prahalad Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85273 of 2019 Arising Out of PS. Case No.-263 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

PRAHALAD CHAUHAN Son of Alakhdeo Chauhan Resident of Village - Motnaje, P.S.- Mufassil, Distt.- Nawada.

2.

Ramanand Chauhan Son of Alakhdeo Chauhan Resident of Village - Motnaje, P.S.- Mufassil, Distt.- Nawada.

3.

Jitan Kumar Son of Prahalad Chauhan Resident of Village - Motnaje, P.S.- Mufassil, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Mufassil P.S.case No.263 of 2019 dated 31.8.2019 , registered for offences punishable under Sections 341, 323, 308, 354, 504, 506/34 of the Indian Penal Code. As per FIR, petitioners and other accused persons assaulted the informant causing injury to him and as the local persons appeared, they fled away.

Submission of the learned counsel for the petitioners is that FIR itself shows that the dispute is with regard to taking of water and for that a case has also been lodged by the

Patna High Court CR. MISC. No.85273 of 2019(2) dt.06-01-2020 2/2 petitioners' side in which one person has also received injury. Allegation of outraging the modesty is ornamental in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Mufassil P.S.Case No.263 of 2019 dated 31.8.2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T