Ratan Choudhary @ Ratan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13353 of 2023 Arising Out of PS. Case No.-180 Year-2011 Thana- KISHUNPUR District- Supaul ====================================================== RATAN CHOUDHARY @ RATAN KUMAR CHOUDHARY S/O JAGDISH CHOUDHARY Resident of Village- Phulkaha, P.S.- Jadia, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Kanhaiya Kishore(App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 366, 379, 504, 506, 34 of the Indian Penal Code.

It is alleged that all the F.I.R. named accused persons including this petitioner entered in the house of informant, committed theft of cash & jewellery and thereafter, they caught hold of informant & other family members and abducted the wife of informant.

It is submitted on behalf of petitioner that the alleged occurrence took place on 15.11.2011, in presence of informant, but F.I.R. has been lodged after a delay of 9 days, which itself creates doubt over the veracity of prosecution case. During course of investigation, it has come that there was love affairs

Patna High Court CR. MISC. No.13353 of 2023(3) dt.03-07-2023 2/3 between the victim (wife of informant) and co-accused Chandra Shekhar Choudhary and due to that reason, she fled away from her house, for which, a panchayati was held and due to pressure of panchayati, co-accused Chandra Shekhar Choudhary returned the victim to her house. It is further submitted that petitioner has been made accused in this case only because he is relative of co-accused Chandra Shekhar Choudhary. The victim, in her statement recorded under Section 164 Cr.P.C., has stated that all the F.I.R. named accused persons abducted her from her parent's house, took her to Delhi, confined her in a room for 6-7 months and one day she fled away from there to the house of her brother, where her brother refused to keep her. The victim is major and there is no allegation of any wrong act against any of the F.I.R. named accused persons. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.13353 of 2023(3) dt.03-07-2023 3/3 C.J.M., Supaul in connection with Kishanpur P.S. Case No. 180 of 2011, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T