Chote Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.108 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Chote Chaudhary son of Shri Kishori Chaudhary resident of Gumti No. 4 Datwan Shop near Kali Mandir, P.S.- Kadamkuan District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 This is an application for grant of anticipatory bail in connection with Kadamkuan P.S. Case No. 359 of 2018, disclosing offences under Sections 341, 323, 324, 325, 347, 427, 379, 504, 354 of the Indian Penal Code and Section 8 of the POCSO Act.

Allegation as per complaint petition is that the petitioner has tried to make illicit relation with the daughter of the complainant in presence of her husband and for that the complainant left the house and when she came back, she found the articles damaged and thereafter went to the house of the petitioner to enquire about the same.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he is not the close relative of the husband of the complainant.

Patna High Court Cr.Misc. No.108 of 2019(3) dt.20-02-2019 2/2 Furthermore, there is one and half month delay in lodging the complaint petition and the witnesses have stated in paras 8 and 9 of the case diary that there is no hand of the petitioner in this case and the petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge Ist Cum Special Judge, POCSO, Patna, in connection with Kadamkuan P.S. Case No. 359 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T