IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25203 of 2010 1.BUNDI CHOUDHARY, son of Jathu Choudhary, resident of village Jakkichak, P.S.Muffasil, District Nawadah 2.Vijay Choudhary 3.Jitan Choudhary @ Ranjeet Choudhary 4.Bhola Choudhary 5.Rudal Choudhary @ Pankaj Choudhary All sons of Bundi Choudhary 6.Janakawa Devi @ Janak Devi, wife of Bundi Choudhary All residents of village Jakkichak, P.S.Muffasil, District Nawadah------------------------------petitioners Versus THE STATE OF BIHAR----------------------------opp.party ----------- 2. 18.8.2010 A supplementary affidavit has been filed on behalf of the petitioners today in Court. Let it be kept on the record. Heard learned counsel for the six petitioners and learned Additional P.P. for the State. All the petitioners are named accused in the case and carry allegation of intercepting the complainant-informant, while she was going with her daughter, for petty earlier dispute and started to insult her. Petitioner No.1 Bundi Choudhary as 2 2 stated is the instigator and used fire arm during the occurrence whereas petitioner No.2 Vijay Choudhary crossed all limits and made unsuccessful attempt to commit rape. Rest of the petitioners carry general allegation. The reason behind as stated by learned counsel for the petitioners is filing of earlier case by petitioner No.6 against grandson of the complainant. Police after investigation submitted final form but learned Chief Judicial Magistrate taking different view took cognizance for the offence against all the petitioners. Considering the facts and circumstances and role played by petitioner Nos. 1 & 2, this Court does not find it a fit case wherein two persons above named may be granted the privilege. Accordingly, their prayer stands rejected. 3 3 So far as the other four petitioners are concerned, in the event of arrest or surrender in the court below within a period of four weeks from today, they are (Jitan Choudhary @ Ranjeet Choudhary, Bhola Choudhary, Rudal Choudhary @ Pankaj Choudhary and Janakawa Devi @ Janak Devi) directed to be released on bail on their furnishing bail bond of Rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawadah, in connection with Muffasil P.S.Case No.88 of 2007 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure along with additional condition that petitioner Nos. 3,4 & 5 shall attend the court on each and every date at least for one year or till the disposal of the case, whichever is earlier and if they fail 4 4 to remain present on two consecutive dates without any reasonable explanation, the privilege of bail granted to them shall be deemed to be cancelled. (Akhilesh Chandra,J.) Spal/