Vikash Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21445 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Vikash Kumar Chaudhary, S/o Roop Narayan Chaudhary, resident of Village- Maricha, P.S. Tajpur(Halai O.P), Distt Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mahendra Thakur, Advocate. For the Opposite Party : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 A supplementary affidavit has been filed on behalf of learned counsel for the petitioner. The same may be kept on the record.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Tajpur (Halai O.P.) P.S. Case No. 32 of 2017 for the offences instituted under Sections 341, 342, 323, 354(A), 354(B), 406, 420, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that the informant is living with her maternal grand-father since her childhood and studying in St. Josef School where this petitioner was also used to study in the said School. This petitioner was in habit of teasing the
Patna High Court Cr.Misc. No.21445 of 2017 (3) dt.24-05-2017 2/3 informant and after making complaint, he promised not to repeat in future. It is further alleged that on 30.01.2017 when she was on the way to Patori, a vehicle came and took her inside the vehicle by pressing her mouth and on the point of pistol, snapped her photo and took some signatures on black papers and then took her at Thaneshwar Asthan Mandir and on threat took her signature on marriage receipt and again took her back to Patori and make her free.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. From perusal of Annexure-6 to the supplementary affidavit, it is evident that the matter has been settled between the parties and a petition to that effect has already been filed in the court below. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Tajpur (Halai O.P.) P.S. Case No. 32/2017 on furnishing bail bond of Rs. 10,000/-(Ten
Patna High Court Cr.Misc. No.21445 of 2017 (3) dt.24-05-2017 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T