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Saheb Chaudhary vs The State Of Bihar on 18 September, 2019


Arising Out of PS. Case No.-107 Year-2017 Thana- GAUNAHA District-
West Champaran

1. SAHEB CHAUDHARY Son of Late Laxman Chaudhary Resident of Village
– Amolwa, P.S.- Gaunaha, Distt – West Champaran.
2. Babita Devi Wife of Sri Saheb Chaudhary Resident of Village – Amolwa,
P.S.- Gaunaha, Distt – West Champaran.

… … Petitioners
The State of Bihar

… … Opposite Party

Appearance :
For the Petitioners : Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party: Mr. Shailendra Kumar, APP


2 18-09-2019 Heard learned counsel for the petitioners and learned

APP for the State.

2. The petitioners apprehend their arrest for the

offences alleged under Sections 341, Section323, Section379, Section308, Section354, Section504/Section34

of the Indian Penal Code registered in connection with Gaunaha

P.S. Case No. 107 of 2017.

3. It is submitted that the petitioners have been falsely

implicated in the backdrop of land dispute and the parties are

agnates. The petitioners are husband and wife who are said to

have assaulted the informant with farsa and rod respectively but

in any event the injuries are simple in nature. The accusation

under Section 354 IPC against the petitioner no. 1 in presence of
Patna High Court CR. MISC. No.59114 of 2019(2) dt.18-09-2019

his wife petitioner no. 2 are highly improbable in nature. The

petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners’

arrest or surrender before the court below within six weeks from

the date of communication of this order, let the above named

petitioners be released on bail on furnishing bail bond of

Rs.10,000/- (ten thousand) each with two sureties of like amount

each to the satisfaction of learned Sub-Divisional Judicial

Magistrate, Bettiah, West Champaran in connection with Gaunaha

P.S. Case No. 107 of 2017, subject to the conditions as laid down

under Section 438 (2) SectionCr.P.C., and also subject to the following

further conditions –

(i) That one of the bailors of each of the petitioners

shall be their close relatives other than the petitioners herein.

(ii) That the petitioners shall not indulge in any

similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the

investigation, if not already concluded, and make themselves

available as and when so required and in case of failure, the State

shall be at liberty to move for cancellation of bail.

(iv) That the petitioner no. 2 shall be well represented

in Court on each and every date during trial except as and when

directed by the learned Court below to be physically present and

petitioner no. 1 shall remain physically present in Court on each
Patna High Court CR. MISC. No.59114 of 2019(2) dt.18-09-2019

and every date, and in the event of failure on two consecutive

dates without sufficient reason, their bail bonds shall be liable to

be cancelled by the learned Court concerned.

(Vikash Jain, J)


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