Suraj Bhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15993 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Suraj Bhan Chaudhary Son of Biran Chaudhary @ Virendra Chaudhari Resident of Village- Barasati Baratar, Singthu, P.S.- Manpur, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-03-2024 Heard Mr. Rabindra Singh, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Manpur P.S. Case No. 68 of 2023, registered for the offences punishable under Section 354 (B) of the Indian Penal Code and Section 8/12 of the POCSO Act.

3. Allegedly, while the informant and her husband was not in their home, in the meantime, the petitioner came in their house and forcibly started taking away the elder daughter, however, on halla, the people assembled there, thereupon the petitioner left the daughter of the informant and fled away.

4. It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.15993 of 2024(2) dt.19-03-2024 2/3 present case is nothing but a counter blast to Manpur P.S. Case No. 66 of 2023, instituted by the cousin of the petitioner, in which the father of the petitioner has also sustained bullet injury at the hands of family members of the informant. It is further submitted that in fact on the alleged date of occurrence, the petitioner was all along engaged in the treatment of his father, who sustained severe injury but only in order to pressurize, the present case has been instituted. Moreover, the FIR only discloses that the petitioner was taking away the daughter of the informant but neither the motive has been disclosed nor there is allegation of any specific overt act. The petitioner bears fair antecedent and he undertakes that he will fully co-operate in the investigation or in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a student, having fair antecedent, coupled with the factum of previous litigation, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this

Patna High Court CR. MISC. No.15993 of 2024(2) dt.19-03-2024 3/3 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VI-cum-Special Judge, POCSO Act, Biharsharif, Nalanda in connection with Manpur P.S. Case No. 68 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T