Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36855 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- KHUDAGANJ District- Nalanda ====================================================== Chandan Kumar S/O Karu Pandit @ Karu Lal Pandit R/O Vill.- Maidi Kala, P.s.- Khudaganj, Dist.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXX D/O Bindu Yadav R/O Vill.- Maidi Kala, P.s.- Khudaganj, Dist.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP For the Informant :

Mr. Dineshwar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Khudaganj P.S. Case No. 32 of 2024, instituted for the offences punishable under Sections 354(A), 354(D), 456 of the Indian Penal Code and Sections 8/12 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner entered into the house of the informant and started pulling her hands and when she raised hulla, he threatened her by pistol and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.36855 of 2025(2) dt.18-06-2025 2/3 present case. Learned Court below has taken cognizance in this case on 09.09.2024. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. The victim in her statement recorded under Section 161 of Cr.P.C. and Section 164 of Cr.P.C. has stated that earlier the informant fled away with the petitioner to Delhi and due to pressure she returned back and no allegation of any assault has been made. It is further submitted that the allegation levelled against the petitioner is trivial in nature and there was love affair between them. The petitioner is in custody since 11.04.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.36855 of 2025(2) dt.18-06-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khudaganj P.S. Case No. 32 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T