Nandan Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10595 of 2023 Arising Out of PS. Case No.-485 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== NANDAN KUMAR CHAUHAN Son of Parshuram Chauhan R/V- Jamuwain P.s- Madanpur Dist- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Madanpur P.S. Case no. 485 of 2022 registered under section 366A of the Indian Penal Code.

As per the prosecution case, the informant states that the petitioner has taken away her 17 year old minor daughter for the purpose of marriage. She is not to be found inspite of search. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. It is a case of love affair which would be evident from the contents of the statement of the alleged victim recorded under section 164 Cr.P.C. The petitioner is in custody since 22.9.2022 and charge sheet has been submitted in the case.

Heard learned APP for the State.

A copy of the statement of the victim under section 164 Cr.P.C has been brought on record as Annexure-2 to the application. The alleged victim in her statement states that she went with the petitioner out of her own volition. She does not

Patna High Court CR. MISC. No.10595 of 2023(2) dt.10-05-2023 2/2 make any allegation of misbehaviour against the petitioner. She further states that on returning she learnt about her mother having given information at the police station about her going missing. She further states that she is not ready to go to her parents place and that she wants to reside with the boy (petitioner).

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the FIR, the statement of the daughter of the informant recorded under section 164 Cr. P.C, the petitioner being in custody since 22.9.2022 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Madanpur P.S. Case no. 485 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) Prakash/- U