Chhotu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37919 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Chhotu Kumar Chaudhary Son Of Bilakshan Chaudhary Resident Of VillageKhara, Ward No. 04, Ps- Udakishunganj, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code and section 8 of the POCSO Act.

As per allegation in the FIR, while the informant's minor daughter has gone to offer the prayer in temple, petitioner along with other accused persons kidnapped her for the purpose of marriage. After getting information, informant went to the house of the petitioner, then all FIR named accused persons abused, assaulted and threatened him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye-witness of the said occurrence. In fact, informant had taken a loan of Rs. 50,000/- from the father of the accused and

Patna High Court CR. MISC. No.37919 of 2023(2) dt.04-07-2023 2/2 with a view to grab the entire amount, this false case has been lodged with concocted story. . In statement of the victim girl recorded u/s 164 Cr.P.C. she ahs stated that one of the accused persons tried to outrage her modesty. There is no allegation of physical misbehavior or physical abuse against this petitioner. He has got no criminal antecedent and languishing in judicial custody since 20.03.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Madhepura in connection with Udakishunganj P.S. Case No. 212 of 2022.

(Sunil Kumar Panwar, J) sushma/- U