Gopal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21695 of 2020 Arising Out of PS. Case No.-137 Year-2019 Thana- AMDABAD District- Katihar ====================================================== Gopal Choudhary, aged about 37 years, male, S/o Rajendra Choudhary, Resident of Village- Ghisu Tola, Gopalpur, P.S.- Muffasil, Sahebganj, Distt.- Sahebganj, State- Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajni Kant Jha, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-07-2020 Heard Mr. Rajni Kant Jha, learned counsel for the petitioner and Mr. Shantanu Kumar, learned APP for the State.

The petitioner, who is in custody since 05.12.2019, seeks bail in connection with Amdabad P.S. Case No. 137 of 2019, corresponding to G.R. No. 3648 of 2019, dated 08.08.2019, instituted for the offences under Sections 302, 201, 354(B) and 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

It appears from the F.I.R. that the petitioner has not been named. Though, two girls have died but the

Patna High Court CR. MISC. No.21695 of 2020(2) dt.07-07-2020 2/3 accusation against the petitioner is only based on suspicion. The petitioner has been named by one of the co-accused persons, viz., Biran Chaudhary @ Kaliya Chaudhary, who has been granted bail by a Bench of this Court vide order dated 20.03.2020 passed in Cr. Misc. No. 81511 of 2019. From the perusal of the aforesaid order, it appears that the investigation in this case is already complete and there is no other material against the petitioner except the confession of aforesaid Biran Chaudhary @ Kaliya Chaudhary.

The petitioner claims to be a person of clean antecedent.

Considering the facts afore-stated, especially the period of custody of the petitioner and his clean antecedent, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 137 of 2019, corresponding to G.R. No. 3648 of 2019.

Patna High Court CR. MISC. No.21695 of 2020(2) dt.07-07-2020 3/3 The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T