Harendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22629 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- SIKRAUL District- Buxar ====================================================== Harendra Choudhary S/o Shreekant Chaudhary R/o Vill - Tetarahar, Bind Tolee, P.S. - Sikraul, Dist. - Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Mamta Devi Sanjay Singh R/o village- Manthouli, P.S.- Sikraul, Distt.- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kumar Pandey For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Sikroul P.S. Case No. 21 of 2023, registered for the offences punishable under Sections 363, 366(A) & 376 of the IPC and Section 4 of the POCSO Act.
3. There is allegation of kidnapping of daughter of the informant against the petitioner.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that the relation between the victim and the petitioner was consensual. She was aware of this
Patna High Court CR. MISC. No.22629 of 2024(4) dt.03-07-2024 2/2 fact that the petitioner was already married.
5. On the other hand, the learned APP for the State Sri Shailendra Kumar has opposed the prayer for bail and submitted that the petitioner, at the pretext of solemnization of marriage, continuously committed rape upon the victim. In her statement under Section 164 of the Cr.P.C., she has specifically mentioned that the petitioner concealed the fact that he was already married and was father of two children, and assured her for marriage. He brought her to Delhi and also had sexual relations with her.
6. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner, which is hereby rejected.
(Nawneet Kumar Pandey, J) kundan/- U T