IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35582 of 2020

Arising Out of PS. Case No.-303 Year-2017 Thana- JOGAPATTI District- West Champaran

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1.

Draupati Devi, aged about 38 years, Female, W/O Moti Chaudhary

2.

Moti Chaudhary, aged about 43 years, S/O Late Tetar Chaudhary

3.

Subhash Chaudhary, aged about 21 years, S/O Moti Chaudhary

All Resident Of Village - Harpurwa, P.S. Yogapatti, District - West

Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjeev Kumar, Advocate

For the State

:

Mr. Sanjay Kumar Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT

Date : 28-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sanjeev Kumar, learned counsel for the

petitioners and Mr. Sanjay Kumar Tiwary, learned Additional

Public Prosecutor (hereinafter referred to as the ‘APP’) for the

State.

3. The petitioners apprehend arrest in connection with

Yogapatti PS Case No. 303 of 2017 dated 13.08.2017, instituted

under Sections 143/341/323/324/354B/379/504/506 of the Indian

Penal Code and 8 of the Protection of Children from Sexual

Offences Act, 2012.

4. The allegation against the petitioners and others is of

hurling abuse on the informant and her sister and petitioner no. 1 is

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said to have caught the informant, pushed her down and assaulted

her with legs and fists and another accused is said to have torn her

clothes with bad intention. Further, two other co-accused are said

to have assaulted the informant by legs and fists and that the

accused persons also assaulted the mother and elder sister of the

informant and tore their clothes and co-accused Vikash Kumar is

alleged to have given hasua blow, resulting in abrasion below the

eye of the informant and co-accused Vikash Chaudhary is said to

have snatched away the golden nose-pin of the informant.

5. Learned counsel for the petitioners submitted that all

the family members have been made accused and the parties are

next door neighbours and there is land dispute. It was submitted

that for the same incident, which is said to have taken on

20.07.2017, the petitioner no. 1 has instituted Jogapatti PS Case

No. 274 of 2017 on 21.07.2017 whereas the present case has been

lodged on 13.08.2017 for the same incident i.e., after a gap of

about 24 days without there being any explanation. It was

submitted that the police after investigation did not send the

petitioners no. 2 and 3 for trial and charge sheet has been

submitted only against petitioner no. 1 and co-accused Vikash

Chaudhary. It was submitted that the Court below has taken

cognizance against all the petitioners differing from the final form

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submitted by the police. Learned counsel drew the attention of the

Court to copy of the compromise petition filed jointly by the

parties in which it has been stated that both the parties have

compromised both the cases through panchayati and do not want

to pursue the same any further. Learned counsel submitted that the

petitioners have no criminal antecedent and the only allegation is

of attempt with bad intention and tearing of the clothes. It was

submitted that even otherwise it cannot be believed that in front of

the mother, her sons and other male members would tear the

clothes of any woman/girl with bad intention.

6. Learned APP submitted that as per the FIR, the

petitioners had a role in such incident. However, it was not

controverted that the allegation of tearing the clothes with bad

intention is only against another co-accused and not the

petitioners.

7. Having consid