Patna High CourtCR. MISC./8452/2020dismissed

Satish Kumar Chaudhary @ Sadhu v. The State Of Bihar

2021-03-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8452 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== SATISH KUMAR CHAUDHARY @ SADHU S/o Raghunandan Chaudhary Resident of Village- Nizampura, P.S.- Asthawan, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Asthawan P.S. case No.216 of 2019 registered under Sections 363, 366/34 of the Indian Penal Code, pending in the court of C.J.M., Nalanda at Bihar Sharif.

Allegation is that the accused persons abducted the daughter of the informant for the purpose of marriage. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The main allegation is against the co-accused Pawan Kumar, with whom the victim girl is said to have eloped.

Patna High Court CR. MISC. No.8452 of 2020(3) dt.01-03-2021 2/2 There was love affairs between the two. So far the petitioner is concerned, he happens to be friend and villager of co-accused Pawan Kumar. Hence he has been dragged in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. The victim has been recovered and her statement under Section 164 of Cr.P.C. has been recorded, in which she has alleged that the petitioner also participated in her abduction and thereafter she was sexually abused by other coaccused. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Narendra/- U T