Rohit Chaudhary @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31925 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Rohit Chaudhary @ Rohit Kumar S/O Bhaglu Chaudhary Resident Of Village-Sukla Rahi, P.S.-Bhairab Asthan, District-Madhubani. 2.

Gudiya Devi W/O Bhaglu Chaudhary Resident Of Village-Sukla Rahi, P.S.- Bhairab Asthan, District-Madhubani.

3.

Bhaglu Kamat @ Bhaglu Chaudhary S/O Late Sukan Chaudhary Resident Of Village-Sukla Rahi, P.S.-Bhairab Asthan, District-Madhubani. 4.

Rahul Kumar @ Rahul Chaudhary S/O Bhaglu Chaudhary Resident Of Village-Sukla Rahi, P.S.-Bhairab Asthan, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 363, 366, 420, 504, 376/34 of the Indian Penal Code.

It is a case of commission of rape on the pretext of marriage. It is further alleged that co-accused abducted and threatened the informant of dire consequences. It is also

Patna High Court CR. MISC. No.31925 of 2022(2) dt.22-11-2022 2/3 alleged that petitioners abused and assaulted the parents of the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case since they are relatives of co-accused Mantun Kumar. The victim in her 164 Cr.P.C statement has not alleged any complicity of the petitioners in her abduction. It is also submitted that the informant has solemnized marriage with co-accused Mantun Kumar. A copy of Notary Public Affidavit is annexed as Annexure 4 of the application. A statement has been in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Jhanjharpur in connection with Bahirab Asthan P.S. Case No. 11 of 2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.31925 of 2022(2) dt.22-11-2022 3/3 Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T