Bhola Chaudhary @ Bhola Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1959 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- MAHILA PS District- Buxar ====================================================== Bhola Chaudhary @ Bhola Kumar Chaudhary S/O GOVIND CHAUDHARY VILLAGE- NIMAJ, P.S.- BRAHMPUR, DISTRICT- BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-02-2025 Heard Mr. Arun Kumar Gupta, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Buxar (Mahila) P.S. Case No. 48/ 2024 dated 01.08.2024 registered for the offence(s) punishable under Section(s) 126(2), 115(2), 64(1) and 351(2) of the BNS.

3. The main submissions advanced by petitioner's counsel are that the petitioner is a 22 year old person while the informant is a 32 year old lady having five children and as per the allegation levelled by her, she was firstly assaulted sexually by this petitioner two months before the registration of the FIR but she remained silent and allegedly she was again sexually assaulted by this petitioner and even then she remained silent and did not take any legal action against the petitioner, in fact,

Patna High Court CR. MISC. No.1959 of 2025(2) dt.05-02-2025 2/3 the petitioner and the informant are neighbours and the informant had borrowed some money from the petitioner which was not being returned by her and when the petitioner demanded the same, then a false case was prepared and lodged against him. It is submitted that both the parties have entered into compromise and in this regard, Annexure-2, is relevant and the delay took place on the part of the informant in registering the FIR is completely unexplained and the plea of Panchayat meeting taken by the informant is also not reliable and the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering aforesaid submissions advanced by the petitioner's counsel and mainly taking into account the petitioner's fair and clean antecedent and his young age, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Buxar (Mahila) P.S. Case No. 48/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.1959 of 2025(2) dt.05-02-2025 3/3 the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) BKS/- U T