Sujeet Chaudhary @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40857 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== SUJEET CHAUDHARY @ SUJEET KUMAR S/O SUDARSHAN CHAUDHARY R/o village- Mudla Pipra, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 05.04.2021 seeks regular bail in connection with Ram Nagar P.S. Case No. 144 of 2020 registered for offences punishable under Sections 363,366A of the Indian Penal Code and Section 8 of the POCSO Act.
Prosecution case in brief is that on 16.04.2020, the petitioner and other enticed away the minor daughter of the informant.
Patna High Court CR. MISC. No.40857 of 2021(2) dt.19-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the victim girl was having love affair with one coaccused Ranjeet Kushwaha and he has already been released on bail vide order dated 05.02.2021 passed in Cr. Misc. No. 37811 of 2020 and victim girl in her statement under Section 164 Cr.P.C. has denied any complicity of the petitioner. He further submits that petitioner has clean antecedent and he is in custody since 05.04.2021 for no fault.
Learned A.P.P., however, opposes the prayer for bail. Considering the facts and circumstances of the case as well as there being no allegation of tampering the evidence or influencing the witnesses and no likelihood of trial being concluded in near future, the petitioner above named is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Session Judge, 7th cum Special Judge, POCSO Act, Bettiah, West Champaran in connection with Ram Nagar P.S. Case No. 144 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
Patna High Court CR. MISC. No.40857 of 2021(2) dt.19-01-2022 3/3 (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T