Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12154 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- ATRI District- Gaya ====================================================== SUNIL CHAUDHARY S/o Sadhu Chaudhary R/o village- Teusa Bazar, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Choudhary For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Atri P.S. Case No. 280 of 2020, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

As per the prosecution case, on 14.08.2020 at 2.00 am, informant's daughter aged about 15 years went to attend the call of nature, in the meantime, petitioner and all the accused persons kidnapped her and kept at the residence of co-accused. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.12154 of 2021(2) dt.25-06-2021 2/2 petitioner has falsely been implicated in this case. The victim girl has already been recovered and recorded her statement under Section 164 Cr.P.C in which she has not uttered any foul against this petitioner. The age of victim girl is 18 years and 6 months, as per medical report. Petitioner is in custody since 16.08.2020 having no criminal antecedent, as stated in para 3 of the petition.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation of kidnapping minor daughter of informant and the victim has also supported the prosecution case in her statement under Section 164 Cr.P.C Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T