Rahul Chaudhary @ Shankar Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16721 of 2024 Arising Out of PS. Case No.-1666 Year-2023 Thana- NAWADA District- Nawada ====================================================== Rahul Chaudhary @ Shankar Kumar @ Rahul Kumar S/O Kapil Cahaudhary R/O Village- Par Nawada Dobhrpar, P.S.- Bundelkhand O.P. Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-03-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Nawada (Bundelkhand) P.S. Case No. 1666 of 2023, registered for the offences punishable under Sections 341, 323, 354(B),307, 504,34 of the Indian Penal Code read with Sections 8/12 of the POCSO Act.

3. The allegation against the petitioner and two others is of eve teasing with the informant/victim. Further allegation has been levelled that co-accused persons have also assaulted the brother and sister of the victim.

4. It is submitted on behalf of the petitioner that even as per the narration made in the FIR the only allegation against

Patna High Court CR. MISC. No.16721 of 2024(2) dt.20-03-2024 2/3 the petitioner is of holding the hand of the informant and so far the allegation of assault is concerned the same has been attributed to co-accused persons. He next submitted that the petitioner is a student aged about 23 years having fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the submission at the Bar that the petitioner is a student having fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds 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-VI-cumSpecial Judge (POCSO Act), Nawada in connection with Nawada (Bundelkhand) P.S. Case No. 1666 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further conditions:

(i) that one of the bailors shall be the own/close

Patna High Court CR. MISC. No.16721 of 2024(2) dt.20-03-2024 3/3 family members of the petitioner; and (ii) that in future if the petitioner is found indulged in intimidating the witnesses or indulged in such type of activities, the informant/prosecution would be at liberty to file an appropriate application before the jurisdictional court for cancellation of his bail.

(Harish Kumar, J) Anjani/- U T