Patna High CourtCR. MISC./16279/2024bail granted

Sanjeet Chaudhari v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16279 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- MAHILA P.S. District- Nawada ====================================================== Sanjeet Chaudhari Son Of Hulash Chaudhari Resident Of Village- Bhatta Ps -Kashichak District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 29/2023 dated 23.07.2023 registered for the offence punishable u/s 366A, 376, 323, 341, 406 and 506 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant and committed rape on her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she has solemnized marriage with the

Patna High Court CR. MISC. No.16279 of 2024(6) dt.23-07-2024 2/2 petitioner with her own will. As per Medical Report, there is no sign of any sexual assault on the body of the victim. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Mahila P.S. Case No. 29/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T