Dayanand Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2604 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- SILAO District- Nalanda ====================================================== Dayanand Chauhan Son Of Bishun Chauhan R/O Village- Balwachak, P.S.- Silao, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Mistry, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP For the Informant :
Mr. Ranvijay Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Silao P.S. Case No. 66 of 2021 registered for the offence under Sections 341, 323, 366A, 504 and 34 of the Indian Penal Code and under Section 8 and 12 of the POCSO Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.10.2021.
The allegation against the petitioner is to kidnap the minor daughter of the informant, along with other co-accused persons.
Patna High Court CR. MISC. No.2604 of 2022(3) dt.03-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that present FIR was lodged under the directions of Court concerned, against the complain lodged by informant after 18 days of the occurrence, only suggest false implications due to previous enmities. It is submitted that petitioner is maternal uncle (Mama) of the main accused, namely, Raghu Chauhan, and allegation to help in kidnapping, is very much general and omnibus. It is further submitted that nothing incriminating surfaced during course of investigation against the petitioner, as per statement of victim recorded under Section 164 of the Cr.P.C. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel appearing on behalf of the informant, Shri Ranvijay Singh, while opposing the prayer of bail, fairly conceded that petitioner is maternal uncle (Mama) of the main accused, namely, Raghu Chauhan.
Considering the facts and circumstances as mentioned above, as victim denied any involvement of this petitioner in the
Patna High Court CR. MISC. No.2604 of 2022(3) dt.03-09-2022 3/3 present occurrence through her statement recorded under Section 164 of the Cr.P.C. coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Silao P.S. Case No. 66 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions Judge-cum-Special Judge, POCSO, Biharsharif, Nalanda/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T