Bittu Chaudhary @ Amit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9584 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.

Bittu Chaudhary @ Amit Chaudhary Son of Nagendra Chaudhary Resident of Village - Mehadi, P.s.- Chautarva, Distt.- West Champaran. 2.

Samud Alam @ Md Samud Alam Son Amanat Miyan Resident of Village - Koluha, P.s.- Chautarva, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Bagaha (Mahila) P.S. Case No.30 of 2020, registered for the offences punishable under Sections 363, 366(A), 120(B), 379, 448 and 34 of the Indian Penal Code.

The petitioners along with other co-accused persons are said to have entered into the house of the informant and kidnapped her daughter. The accused persons also took away ornaments made of gold and silver and cash Rs.40,000/- from the house of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.9584 of 2022(2) dt.02-08-2022 2/2 present case. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. It is lastly submitted that the petitioners have got no criminal antecedent.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that the victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 7th-cum-Special Judge POCSO, Bettiah, West Champaran in connection with Bagaha (Mahila) P.S. Case No.30 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T