Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31545 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== MUKESH CHAUDHARY S/o- Dukhan Chaudhary Resident of VillageRajhat, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 366(a) of the Indian Penal Code and Section 17 of the POCSO Act.

The minor daughter of the informant is said to have been abducted by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, the victim girl has been recovered on 23.03.2022 and she has refused to her medical examination. He further submits that the victim in

Patna High Court CR. MISC. No.31545 of 2022(2) dt.31-08-2022 2/3 her statement recorded under Section 164 Cr.P.C. has categorically stated that she is major and was having love affairs with the petitioner and she voluntarily stated that she want to get married with the petitioner. He further submits that in view of the statement of the victim, no case of kidnapping is made out against the petitioner neither any offence is made out attracting the complicity of POCSO Act as she herself admitted that she is major. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 23.02.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Akbarpur P.S. Case No. 120 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.31545 of 2022(2) dt.31-08-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T