Azad Chouhan @ Aatish Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31306 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Azad Chouhan @ Aatish Chouhan Son of Rupesh Chouhan Resident of village - Sapni Kadwa Dangi, P.S. - Mufassil, Distt. - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Purnia Sadar P.S. Case No. 687 of 2022 registered for the offence under Sections 363, 365, 366-A and 367/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 15.09.2022.
The allegation against the petitioner is to kidnap the minor niece of informant aged about 17 years alongwith coaccused persons/family members for the purpose of illicit intercourse/marriage.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.31306 of 2023(2) dt.20-06-2023 2/3 submitted that the present implication was made against petitioner out of failed love affairs as same was not accepted by the parents/guardian of the victim girl. It is submitted that victim did not raised any allegation regarding sexual assault against this petitioner through her statement recorded under Section 164 of the Cr.P.C. It is also pointed out that victim refused to join medical examination. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail submitted that allegation of kidnapping is available against this petitioner.
Considering the facts and circumstances as mentioned above, and by taking note of the fact that allegation of sexual assault is not available as per the statement of the victim recorded under Section 164 of the Cr.P.C. coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 15.09.2022, accordingly, the petitioner, above named, is directed to be released on bail in connection with Purnia Sadar P.S. Case No. 687 of 2022 on furnishing bail bond
Patna High Court CR. MISC. No.31306 of 2023(2) dt.20-06-2023 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge (POCSO), Purnia/concerned court, subject to the conditions as mentioned under Section 437
(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.) pooja/- U T