Pradeep Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25034 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Pradeep Chauhan Son of Bhutti Chauhan Resident of village - Ramdas Baghi, P.S. - Kateya, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Umesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Ms. Pushpa Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kateya P.S.Case No.171/2022 PTN No.1360/2022, registered for the offences punishable under Sections 366A, 504 & 506/34 of the Indian Penal Code.

3.Prosecution story, in brief, is that daughter of the informant has been alleged to be kidnapped by the accused persons, named in the FIR, with intention to marry with her.

4. The learned counsel appearing on behalf of the petitioner submits that the victim girl has been recovered and she has specifically stated in her statement recorded under Section 164 Cr.P.C. that she has married with co-accused Akshaylal Singh. Learned counsel further submits that no allegation of assault or coercion has been made against the

Patna High Court CR. MISC. No.25034 of 2023(2) dt.07-07-2023 2/2 petitioner or the petitioner was involved in any manner in kidnapping of the victim girl. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the fact that the victim girl has married with co-accused Akshaylal Singh and they are living together as well as the victim girl in her statement recorded under Section 164 Cr.P.C. has not made any allegation of assault or the petitioner has been found involved in kidnapping of the victim girl, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Kateya P.S.Case No.171 of 2022 PTN No.1360/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U