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Patna High CourtCR. MISC./7776/2025bail granted

Subhash Chaudhari @ Sukai Kumar @ Subhash Kumar v. The State Of Bihar

2025-07-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7776 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Subhash Chaudhari @ Sukai Kumar @ Subhash Kumar Son of Suresh Chaudhari Resident of Village - Godiya Patti Bagaha, P.S. - Bagaha, District - West Champaran ... ... Petitioner/s

Versus

1 .

THE STATE OF BIHAR 2.

Premmila Devi Wife of Raj Kumar Chaudhari Resident of Village - Balua Rampurwa, Ward No.6, P.S. - Bairiya, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 , 366 (A) of the Indian Penal Code and later on section 376 of Indian Penal Code and 4 and 6 of the POCSO Act.

3 . As per the prosecution case , informant namely , Parmila Devi alleged that on 12.12.2023 , all the accused named persons including this petitioner kidnapped minor daughter of informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged.

Patna High Court CR. MISC. No.7776 of 2025(3) dt.09-07-2025 2/2 As a matter of fact, petitioner and daughter of informant was known to each other and daughter of informant left her house on her own accord and had came to the residence of this petitioner and thereafter both of them solemnized marriage and are living together as husband and wife . The victim in her statement recorded under section 164 Cr. PC has denied the prosecution case and supported the contention of the petitioner.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim recorded under section 164 Cr. PC and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional district and sessions Judge 7th cum special Judge POCSO Bettiah West Champaran in connection with Bairiya P.S. case No. 80 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T