Patna High CourtCR. MISC./32869/2014bail granted

Mohan Chaurasia v. The State Of Bihar

2015-02-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32869 of 2014 Arising Out of PS.Case No. -343 Year- 2013 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mohan Chaurasia S/o Brahmdeo Chaurasia resident of village - Cheron, P.S. Sarmera, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Chaurasia, Advocate. For the Opposite Party/s : Mr. Mustaq Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioner apprehends his arrest in Laheri P.S. Case No. 343 of 2013, registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code. The informant named the petitioner along with Sohan Chaurasia and alleged that both have kidnapped his daughter. Learned counsel for the petitioner submits that the informant is not an eye witness of the occurrence. On mere suspicion the name of the petitioner is mentioned in the FIR. The victim made her statement under Section 164 of the Cr.P.C. and did not disclose the name of the petitioner. The victim alleged that Sohan Chaurasia kidnapped her and his brother was also with him.

Patna High Court Cr.Misc. No.32869 of 2014 (2) dt.04-02-2015 The victim further alleged that Sohan Chaurasia forcibly established physical relations with her.

On considerations of the fact that the petitioner is brother of Sohan Chaurasia and the petitioner is not alleged to have committed any illegal acts with the victim, the petitioner, 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 order, is directed to 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 the learned Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with Laheri P.S. Case No. 343 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T