Harendra Chauhan @ Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21205 of 2021 Arising Out of PS. Case No.-177 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== HARENDRA CHAUHAN @ HARENDRA KUMAR S/O GANAURI CHAUHAN R/O VILLAGE-JHAKHAUR, P.S.-ROH, DISTRICT-NAWADA ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-11-2021 Heard Sri Arjun Prasad, learned counsel appearing on behalf of petitioner and Sri Nand Kishore Prasad, learned A.P.P. for the State.

The petitioner seeks bail in connection with Kawakol (Kawakole) P.S. Case No. 177 of 2019, registered under Sections 366(A)/34 of the Indian Penal Code. Learned counsel appearing on behalf of petitioner draws attention of this Court to Annexure-2, which is the statement of the victim-girl recorded under Section 164 of Cr.P.C. in which she has made specific statement that she has married with the petitioner Harendra Chauhan @ Harendra Kumar without any coercion and she is staying with the petitioner on her free will and desire.

Having considered the facts and the circumstances

Patna High Court CR. MISC. No.21205 of 2021(2) dt.17-11-2021 2/2 of the case and the fact that the victim Shalu Kumari is major aged about 20 years and she has also married with the petitioner without coercion. The fact that the petitioner is keeping her with full dignity and honour, I am inclined to release the petitioner on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IV, Nawada in connection with Kawakole (Kawakol) P.S. Case No. 177 of 2019 subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) manish/- U T