Sunil Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7705 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== SUNIL KUMAR CHAUDHARY Son of Gaya Chaudhary Resident of Village - Dhukaha, P.S. - Bhangaha, District - 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.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Bhangaha P.S. Case No. 3 of 2019 registered for the offence punishable under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code.

The case of the prosecution in brief is that on 10.1.2019 at about 6:00 AM., the daughter of the informant, aged about 14 years, had gone for call of nature, however, in the meantime, the accused persons had enticed her away for the purposes of

Patna High Court CR. MISC. No.7705 of 2020(2) dt.16-06-2020 2/3 marriage, whereafter the family members had searched for her, but no trace could be found.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and the statement of the victim girl, recorded under Section 164 Cr.P.C., would show that her mother, in a fit of anger, had assaulted the victim girl, whereafter she had gone to the house of her sister in Nepal. It is further submitted that the victim girl has not alleged any misconduct on the part of the petitioner in her statement made under Section 164 Cr.P.C. before the learned Magistrate. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering the fact that the victim girl has not alleged any untoward incident or misconduct qua the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory 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, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two

Patna High Court CR. MISC. No.7705 of 2020(2) dt.16-06-2020 3/3 sureties of the like amount each to the satisfaction of learned J.M.1st Class, West Champaran, Bettiah in connection with Bhangaha P.S. Case No. 3 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T