Naresh Chaudhary @ Chutri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34587 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== Naresh Chaudhary @ Chutri Son Of Late Dhura Chaudhary Resident Of Village - Mehdiya, P.O. - Jaipur, P.S. - Mehdiya, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is custody in a case registered for the offence punishable under Sections 376(D), 504 and 506/34 of the Indian Penal Code and Sections 66(c) and 67 of the IT Act, 2000.

3. As per allegation in the FIR, petitioner and another co-accused person committed rape upon the informant and also made a video and threatened to make the video viral if the informant discloses the same to any person.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the statement of the victim, the incidents took place in the month of Vaishak (April) 2023 whereas the fardbeyan has been recorded on 02.12.2023 and there is no plausible

Patna High Court CR. MISC. No.34587 of 2024(3) dt.31-07-2024 2/2 explanation for delay in lodging the FIR. He next submits that as per allegation in the FIR that there is specific allegation of abusing upon the victim is against co-accused Amrendra Paswan and not against this petitioner and said Amrendra Paswan was in relationship with the victim which is known to everyone of that locality and petitioner has objected this relationship between them and, as such, he has been implicated in the present case. Petitioner is in custody since 03.12.2023 and he has no criminal antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad in connection with Mehandia P.S. Case No. 282 of 2023, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T