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Patna High CourtCR. MISC./29280/2024bail granted

Ajeet Kumar @ Ajeet Kr. @ Ajeet Kr. Chaudhary v. The State Of Bihar

2024-09-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29280 of 2024 Arising Out of PS. Case No.-355 Year-2023 Thana- DIGHWARA District- Saran ====================================================== AJEET KUMAR @ AJEET KR. @ AJEET KR. CHAUDHARY S/O MANOJ CHAUDHARY R/O VILLAGE- SAIDPUR, P.S- DIGHWARA, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Dighwara P.S. Case No. 355 of 2023, registered for the offences punishable under Sections 366(A), 376 of the IPC and sections 4 and 6 of the POCSO Act.

3. As per allegation, the petitioner along with his family members had kidnapped the minor daughter of the informant, with intent to marry her.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. As a matter of fact, there was love and affection between the petitioner and the victim. It has also been submitted that the entire family members of the petitioner including his mother and sister have been made accused. He has next submitted that the victim and her father refused for medical examination which shows that no misdeed has been

Patna High Court CR. MISC. No.29280 of 2024(6) dt.03-09-2024 2/2 committed with the alleged victim. The petitioner is under custody since 16.10.2023.

5. On the other hand, the learned APP for the State Sri J.N. Thakur has opposed the prayer for bail and submitted that the victim, in her statement under Section 164 of the Cr.P.C., has supported the prosecution case.

6. From perusal of the case diary, it appears that the medical examination of the victim was not done since the victim and her father both refused for medical examination.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Saran at Chapra in connection with SC/ST POCSO No. 12 of 2024 arising out of Dighwara P.S. Case No. 355 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T