Arvind Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56567 of 2015 Arising Out of PS.Case No. -196 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Arvind Chaudhary Son of Upendra Chauhdary r/o Village Gadhara, Ward No. 11, P.S. Barauni (Gadhara), District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

The prosecution case in brief is that co-accused Govind Chaudhary took the minor daughter of the informant girl when she was going to her school and when the informant went to the house of the petitioner in search of his daughter, petitioner and others abused him and assaulted him. The petitioner is the brother of coaccused Govind Chaudhary. The victim girl in her statement under Section 164 of the Cr. P.C., had disclosed that Govind Chaudhary kidnapped her in a Bolero vehicle. It has also been stated by her that in the said vehicle, Upendra Chaudhary, Arvind Chaudhary, Savitri Devi, Pooja Devi and Shyam Chaudhary were already present and she was forced to sit in the Bolero vehicle. After

Patna High Court Cr.Misc. No.56567 of 2015 (2) dt.14-12-2015 sometime, Upendra Chaudhary, Arvind Chaudhary, Savitri Devi, Pooja Devi and Shyam Chaudhary got down from the vehicle and Govind Chaudhary took her to Delhi. It is also alleged that the petitioner confined her in a room.

There is inconsistency between the statement of the victim and the statement of the informant. Similarly situated coaccused have been granted anticipatory bail by a co-ordinate bench of this Court vide Criminal Miscellaneous No. 38345 of 2015.

Considering the thrust of accusation against Govind Chaudhary and the fact that co-accused have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned C.J.M., Begusarai in connection with Barauni P.S. Case No. 196 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U