Patna High Court
Raju Chauhan vs The State Of Bihar on 19 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33939 of 2020
Arising Out of PS. Case No.-131 Year-2020 Thana- HISUWA District- Nawada
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Raju Chauhan, aged about 25 years (Male), S/o Chanerak Chauhan @
Chandrika Chauhan, R/o Village - Hadsa tola Jitanbigha Beldari, P.S.- Hisua,
District, Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nasrul Hoda Khan, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 19-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Nasrul Hoda Khan, learned counsel for
the petitioner and Mr. Md. Arif, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Hisua PS Case No. 131 of 2020 dated 21.04.2020, instituted
under Sections 341, 323, 457, 376, 511, 379/34 of the Indian
Penal Code.
4. The allegation against the petitioner and his brother
is that they entered the house of the informant at night after
breaking the door with bad intention and tried to molest her and
when she raised cry, they had run away after taking gold chain,
earring of the informant and rupees ten thousand cash and had
Patna High Court CR. MISC. No.33939 of 2020 dt.19-03-2021
also threatened and abused the informant.
5. Learned counsel for the petitioner submitted that he
is innocent and has been falsely implicated. It was submitted
that the parties are agnates and the informant has relationship of
Bhabhi with the petitioner. Learned counsel submitted that due
to family rivalry he has been falsely implicated. It was
submitted that no such incident took place and the allegation of
snatching of gold chain, earring and cash is cosmetic. It was
further submitted that the petitioner has no criminal antecedent.
6. Learned APP submitted that as per the allegation,
there was attempt to molest and the petitioner and he had also
snatched the gold chain, earring as also rupees ten thousand
cash.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Nawada, in Hisua PS
Case No. 131 of 2020, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
Patna High Court CR. MISC. No.33939 of 2020 dt.19-03-2021
further (i) that one of the bailors shall be a close relative of the
petitioner, (ii) that the petitioner and the bailors shall execute
bond with regard to good behaviour of the petitioner, and (iii)
that the petitioner shall cooperate with the
Court/police/prosecution. Any violation of the terms and
conditions of the bonds or failure to cooperate shall lead to
cancellation of his bail bonds.
8. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioner, to the notice of the Court concerned, which shall take
immediate action on the same after giving opportunity of
hearing to the petitioner.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
