High Court of Patna granted anticipatory bail to three petitioners in a criminal case involving extortion and assault allegations arising from a pending civil title suit, requiring release within 12 weeks upon surrender and furnishing a bond.
Petitioners to be released on anticipatory bail within 12 weeks upon arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33510 of 2015
Arising Out of PS.Case No. -200 Year- 2014 Thana -NAUHATTA District- SAHARSA
====================================================== 1. Shiv Shankar Chaudhary, Son of Late Ram Lal Chaudhary 2. Durgesh Chaudhary, Son of Shiv Shankar Chaudhary 3. Bhagwat Chaudhary, Son of Late Ram Lal Chaudhary All Resident of Village- Patti Bargawan, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 28-08-2015 Heard learned counsels for the petitioners, informant and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 384, 323, 307/34 of the Indian Penal Code.
The prosecution case is that the informant was doing plantation when petitioner Nos. 2 and 3 came and demanded Rs. 25,000/- as extortion and thereafter on the order of petitioner No. 1, co-accused Gauri Choudhary(nonpetitioner) assaulted with iron rod on the head of the informant.
It is submitted by learned counsel for the petitioners that accusation of assault is not levelled against the petitioners. The only specific accusation against petitioner No.
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1 is that he was an order giver but then the accusation has been levelled in the background of Title Suit No. 09 of 2009 being pending between the parties from before and at earlier occasion also the informant’s side instituted three cases against the petitioners’ side. Moreover a statement has been made in para 15 of the petition that injury of the informant has been found to be simple.
Considering the fact that accusation of assault has not been levelled against the petitioners and the accusation has been levelled in the background of litigated relationship between the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Nauhatta P.S. Case No. 200 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging extortion and assault arising from a litigated relationship.
Whether to impose conditions on the anticipatory bail order.
1 provisions across 1 enactments
Shiv Shankar Chaudhary, Durgesh Chaudhary, Bhagwat Chaudhary
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
