Mukesh Chaudhary @ Godhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9610 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== MUKESH CHAUDHARY @ GODHAN CHAUDHARY S/O SURESH CHAUDHARY Resident of Village- Baruhi, P.S.- Sahar, District- Bhojpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code and Section 3/4 of POCSO Act. The prosecution case, in brief, is that the informant alleged his daughter, aged about 14 years, has been kidnapped by the accused persons including the petitioner while she was returning home from Chhath Ghat.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it appears that the victim girl in her statement did not

Patna High Court CR. MISC. No.9610 of 2023(2) dt.18-04-2023 2/2 support the prosecution version and stated that she went with the petitioner to Surat out of her own sweet will. She did not whisper any complicity of the petitioner in the alleged offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 8.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahar P.S. Case No. 245 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial magistrate, Bhojput ar Ara. (Sunil Kumar Panwar, J) Amandeep/- U T