Patna High Court - Orders
Suryanand Choudhary vs The State Of Bihar on 4 July, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41343 of 2019
Arising Out of PS. Case No.-1659 Year-2018 Thana- COMPLAINT CASE District- Araria
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1. SURYANAND CHOUDHARY S/o Late Jamun Choudhary R/o village-
Dhagari Tola, Bardaha Durga Mandir, P.S.- Bardaha, District- Araria
2. Bechani Devi W/o Suryanand Choudhary R/o village- Dhagari Tola,
Bardaha Durga Mandir, P.S.- Bardaha, District- Araria
3. Most. Devsumar @ Most Devsumar Devi @ Md. Devsumar W/o Late
Jamun Choudhary R/o village- Dhagari Tola, Bardaha Durga Mandir, P.S.-
Bardaha, District- Araria
4. Dilip Choudhary S/o Baldeo Choudhary R/o village- Dhagari Tola, Bardaha
Durga Mandir, P.S.- Bardaha, District- Araria
5. Parwati Devi W/o Suryanand Choudhary R/o village- Dhagari Tola, Bardaha
Durga Mandir, P.S.- Bardaha, District- Araria
6. Dhirendra Choudhary S/o Suryanand Choudhary R/o village- Dhagari Tola,
Bardaha Durga Mandir, P.S.- Bardaha, District- Araria
7. Raja Choudhary @ Raja Kumar S/o Suryanand Choudhary R/o village-
Dhagari Tola, Bardaha Durga Mandir, P.S.- Bardaha, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baijayanti Dev W/o Kapleshwar Sahani R/o village- Dhagri Bardaha, P.S.-
Bardaha, District- Araria
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
2 04-07-2019This application, for grant of anticipatory bail, arises out of Complaint Case No. 1659C/18, disclosing offences under Sections 147, 148, 149, 323, 324, 379, 380, 354(B), 427, 504, 506/34 of the Indian Penal Code and Section 3 /4 of the Prevention of Witch (Daain ) Practices Act.
Allegation against the petitioner is that by calling the Patna High Court CR. MISC. No.41343 of 2019(2) dt.04-07-2019 2/3 the complainant Daain, petitioner no. 4 dragged her by catching her hair and petitioner no. 1 threw the night soil on her mouth.
Submission of learned counsel for the petitioners is that out and out false and fabricated allegation has been levelled and no such occurrence has ever taken place and a case has also been filed by the petitioners against the informant and in retaliation this case has been lodged.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, so far petitioner no. 1 is concerned, I am not inclined to grant the privilege of anticipatory bail to petitioner no. 1. rather he may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
So far other petitioners i.e. petitioner nos. 2 to 7 are concerned, in the event of their arrest or surrender before the court below within six weeks from the date of receipt / production of a copy of this order, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Patna High Court CR. MISC. No.41343 of 2019(2) dt.04-07-2019 3/3 Magistrate, Araria, in connection with Complaint Case No. 1659C/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/-
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