Upendra Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58332 of 2015 Arising Out of PS.Case No. -196 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Upendra Choudhary Son of Tetarn Chaudhary

2. Shyam Choudhary son of Rajaram Choudhary Both R/o VillageGadhara, ward no. 11, P.s Barauni (Gadhara) ,District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

Petitioners seek bail in connection with Barauni P.S. Case No. 196 of 2015 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code. Allegedly, Raushni Kumari the minor daughter of the informant was kidnapped by co-accused Govind Chaudhary and when the enquiry was made from the petitioners, they abused the informant and became adamant to assault him. During investigation the victim girl was released and she supported the allegation of kidnapping stating the hands of the petitioners also. Submission is of false implication and that co-accused

Patna High Court Cr.Misc. No.58332 of 2015 (2) dt.03-02-2016 2/2 Govind Chaudhary has already been allowed bail vide order dated 08.01.2016 passed in Cri. Misc. No. 660 of 2016 and, as such, the petitioners suffering in custody since 20.11.2015, also deserve sympathetic consideration, to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Begusarai arising out of Barauni P.S. Case No. 196 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T