Birendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37718 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== BIRENDRA CHAUDHARY SON OF LALAN CHAUDHARY RESIDENT OF VILLAGE VISHUPUR PS NANIJORE DISTRICT BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Brahmpur Nanijore P.S. Case No. 151 of 2023, registered for the offences punishable under Sections 363/366(A) of the I.P.C. and u/s 8 of POCSO Act.

As per allegation, co-accused Vikash Patel, his father (petitioner) and his family members kidnapped the minor daughter of the informant.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated merely for the reason that he is father of the main accused Vikash Patel. The alleged victim herself came to police station and rendered her statement under section 161 of Cr.P.C. The petitioner is under custody since

Patna High Court CR. MISC. No.37718 of 2023(2) dt.03-07-2023 2/2 04.05.2023. He is a person of clean antecedent. Considering the above-mentioned facts and circumstances, clean antecedent of the petitioner as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M, Buxar in connection with Brahmpur Nanijore P.S. Case No. 151 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) kundan/Sudha U T