Rahul Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19808 of 2023 Arising Out of PS. Case No.-562 Year-2022 Thana- DESARI District- Vaishali ====================================================== Rahul Chaudhary S/O Ashok Chaudhary Resident Of Village- Pohiyaar Bujurag, P.S- Desri (SAHDEI Op), Distt.- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Radhe Shyam For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, of the Indian Penal Code and Sections 8/12 of the POCSO Act. As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The FIR has been lodged after delay of five days without given any cogent reason. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein victim stated that she went from her

Patna High Court CR. MISC. No.19808 of 2023(3) dt.27-06-2023 2/2 house due to family torture and she has not stated about the complicity of the petitioner in this alleged occurrence. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 30.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Desari P.S. Case No.562 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum Special Judge, POCSO, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) manishkumar/- U T