Anil Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12225 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Anil Kumar Chaudhary S/o Late Raj Kishor Chaudhary R/o Vill.-Manjhi Pool Ke Pas Tempo stand, P.S.- Manjhi, Distt.- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shaivya Srivastava W/O Surya Narayan Srivastava R/O Ratanpura, Near Dharamnath Mandir, P.S- Bhagwan Bazar, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 79 of 2024 instituted for the offence under Sections 363 & 366A of the Indian Penal Code and Section 27 of the Arms Act.
3.
Prosecution case, in short, is that petitioner kidnapped the informant's minor daughter for the purpose of marriage.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.11.2025. Petitioner bears no criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.12225 of 2025(3) dt.10-11-2025 2/3 paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet has already been submitted in this case. There is delay of seventeen days in lodging the FIR, without any plausible explanation. Learned counsel submits that victim has given statement under Section 164 of the Cr.P.C. under the pressure of her family.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has clearly supported the prosecution case and she has specifically stated that petitioner committed rape upon her forcibly. Charge sheet has already been submitted in this case under Sections 363, 366A, 376, 506 & 34 of the IPC along with Sections 4/6 of the POCSO Act.
7.
Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence as also the fact that victim has supported the prosecution case, this Court at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected. 8.
The Trial Court is directed to expedite the trial as
Patna High Court CR. MISC. No.12225 of 2025(3) dt.10-11-2025 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T