Deepak Chaudhary@Aditya Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76129 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Deepak Chaudhary @ Aditya Chowdhary Son of Ganesh Chaudhary Resident of Kali Pokhar, P.S. Mufssil, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhagya Narain Gupta For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 137 of 2018 registered for the offences punishable under Sections 366-A/34 of the Indian Penal Code. Petitioner is said to have kidnapped the informant's minor daughter but learned counsel appearing for the petitioner drew my attention towards Annexure-2, the web copy of order dated 18.08.2018 passed by a co-ordinate Bench of this court in Cr. Misc. No. 42262 of 2018 and submitted that while considering the anticipatory bail prayer of parents of the petitioner a co-ordinate Bench of this court got opportunity to peruse the case diary and after perusing the case diary the

Patna High Court Cr.Misc. No.76129 of 2018(2) dt.21-12-2018 2/2 concerned Bench mentioned in the aforesaid order dated 18.08.2018 that victim in her statement recorded under Section 164 of the Cr.P.C. frankly admitted that she had left her home and solemnized her marriage with petitioner by her own sweet will and furthermore, it was found by the co-ordinate Bench of this court that victim disclosed her age as 20 years whereas the court found her aged about 19 years.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in Muffasil P.S. Case No. 137 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T