Patna High CourtCR. MISC./40504/2023bail granted

Kundan Kumar Chaudhary v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40504 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Kundan Kumar Chaudhary, Son Of Surendra Chaudhary, R/O Sahpur, PsChhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 01/ 2023 arising out of Chhatapur P.S. Case No. 01 of 2023 dated 01.01.2023 registered for the offences punishable u/ss 363A, 366A, 368, 385 read with Section 34 of the Indian Penal Code and u/ss 8 and 17 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant. It is further alleged that the accused

Patna High Court CR. MISC. No.40504 of 2023(2) dt.24-07-2023 2/2 persons may sale or kill his daughter.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under Section 164 of Cr.P.C. has not stated anything against the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with POCSO Case No. 01/ 2023 arising out of Chhatapur P.S. Case No. 01 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T