Ravi Chaudhary @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20946 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- ROSERA District- Samastipur ===================================================== RAVI CHAUDHARY @ RAVI KUMAR S/o Manoj Chaudhary R/o Village - Sahiyar Burj, P.S. - Rosera, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 363 and 366A of the Indian Penal Code.

As per the prosecution case, co-accused Chandan Kumar kidnapped the minor daughter of the informant with ill intention.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R . The name of the petitioner has sprung up in the statement recorded under Section 164 of the Cr.P.C. The petitioner and the co-accused got

Patna High Court CR. MISC. No.20946 of 2022(2) dt.03-08-2022 2/2 her seated on the motorcycle forcibly and took her to Sitamarhi. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. POCSO Act is not applicable in this case. Charge-sheet has been submitted under Sections 363, 366A, 376(3) read with 34 of the Indian Penal Code and 6/21 of the POCSO Act. There is no allegation of sexual assault against the petitioner. The petitioner is in custody since 29.08.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Samastipur, in connection with Rosera P.S. Case No. 268 of of 2021.

The application stands allowed.

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