← Library
Patna High Court/45081/2021dismissed

Santosh Chaudhary v. The State Of Bihar

2021-09-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45081 of 2021 =================================================== Santosh Choudhary, s/o. Doma Choudhary @ Narayan Choudhary, r/o vill-Dhami @ Dhamni (Gola par), PS -Barun, Dist-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s:

Mr. Ram Bilash Roy Raman, APP ================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ram Bilash Roy Raman, the learned APP for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Barun PS case no. 266 of 2019, registered under Sections 363, 366(A) of Indian Penal Code, inasmuch as the earlier the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 03.03.2021, passed in Cr. Misc. no. 35762 of 2020.

The allegation is regarding the petitioner having kidnapped the daughter of the informant for the purposes of solemnizing marriage, when she had gone to attend classes at

Vision Class Centre, Baroon.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 31.01.2020 and now, the victim girl has already solemnized marriage with someone else, hence the petitioner be granted bail. The Ld. APP for the State has vehemently opposed the prayer for bail.

I have heard the Ld. counsel for the parties and perused the materials on record, from which this Court finds that while rejecting the prayer of the petitioner for grant of bail earlier, this Court, in its order dated 03.03.2021, had elaborately dealt with all the aspects of the case and had found the petitioner to be prima facie having complicity in the alleged occurrence, hence I do not find any merit in the present petition, more so since there is no change in circumstance from the day, the prayer of the petitioner for grant of bail was rejected earlier on 03.03.2021 till date, thus the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T