Dismissed¶20

Suraj Choudhary @ Suraj Kumar v. the State of Bihar

Patna HC15 Jul 2024CR. MISC./9720/2024

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.9720 of 2024 dt. 15-07-2024; Judge Prabhat Kumar Singh; petitioners Suraj Choudhary @ Suraj Kumar and Suman Chouhdary @ Suman Kumar v. The State of Bihar; arising out of PS Case No. 53 of 2021, P.S. Warisnagar, District Samastipur; petitioners apprehended arrest in FIR under IPC sections 447, 341, 323, 307, 354, 379, 385, 504, 302 and 34; allegations of demanding Rs. 10,000/- extortion and lathi-danda assault on informant's husband resulting in death during treatment; defence plea of false implication, omnibus allegations, no specific overt act, clean antecedents; State opposed; bail rejected considering nature and gravity of allegation.

What did the court decide?

Considering the nature and gravity of the allegations, the prayer for bail of the petitioners is rejected. ¶20

Suraj Choudhary @ Suraj Kumar Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9720 of 2024

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Arising Out of PS. Case No.-53 Year-2021 Thana- WARISNAGAR District- Samastipur

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======================================================

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SURAJ CHOUDHARY @ SURAJ KUMAR S/O RAM LAL CHOUDHARY R/O VILLAGE- BHADOGHAT, BASANTPUR RAMNI, P.S- WARISNAGAR, DISTT.- SAMASTIPUR.

¶5

SUMAN CHOUHDARY @ SUMAN KUMAR S/O RAM LAL CHOUDHARY R/O VILLAGE- BHADOGHAT, BASANTPUR RAMNI, P.S- WARISNAGAR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 15-07-2024

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Heard learned counsel for the petitioners and the

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State.

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Petitioners apprehend arrest in a case registered for the offence punishable under sections 447, 341, 323, 307, 354, 379, 385, 504, 302 and 34 of the Indian Penal Code.

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As per the prosecution case, all the FIR named accused persons including these petitioners abused and demanded extortion of Rs. 10,000/- from the informant and on refusal these accused persons assaulted husband of the informant with lathi, danda due to which he became unconscious and died during treatment.

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Learned counsel appearing for the petitioners

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Patna High Court CR. MISC. No.9720 of 2024(4) dt.15-07-2024 2/2

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submits that the petitioners are innocent and have falsely been implicated in this case. Parties are next door neighbours and due to petty dispute quarrel took place between them. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Petitioners claim clean antecedent.

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Learned counsel for the State opposes the prayer for bail. He submits that these petitioners and other accused persons assaulted the husband of the informant causing his death.

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Considering the nature and gravity of allegation, prayer for bail of the petitioners is rejected.

¶21

(Prabhat Kumar Singh, J)

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shashi/-

¶23

U T

Suraj Choudhary @ Suraj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Choudhary @ Suraj Kumar v. the State of Bihar

Case brief

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