← Library
Patna High CourtCR. MISC./39433/2019bail granted

Sanoj Chaudhary v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39433 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- SIRDALA District- Nawada ====================================================== 1.

SANOJ CHAUDHARY Son of Ramdeo Chaudhary Resident of Village - Ramraichak, P.S.- Sirdala, District- Nawadah 2.

Ramdeo Chaudhary Son of Late Shankar Chaudhary Resident of Village - Ramraichak, P.S.- Sirdala, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Petitioners seek bail in anticipation of their arrest in connection with POCSO Case No. 81 of 2018, arising out of Sirdala P.S. Case No. 358 of 2018, registered for the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Sections 8/12 of POCSO Act.

As per FIR there is allegation against the petitioners that they forcibly lifted the daughter of the informant by motorcycle and taken her to forest and they misbehaved with her and on hulla they fled away and for that a Panchayati was held and in Panchayati informant demanded 2.75 lac from the petitioners, which has not been given.

Submission of learned counsel for the petitioners is that after three months of occurrence the present case has been lodged

Patna High Court CR. MISC. No.39433 of 2019(4) dt.26-09-2019 2/2 and furthermore the story of demanding Rs.2.75 lac from the petitioners shows that there is some ulterior motive behind the occurrence.

Heard learned APP and learned counsel for the informant, who has opposed the prayer on the ground that in her statement the victim girl has supported the prosecution case. In view of above facts and circumstances and considering the materials available in the case diary, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, Nawada, in connection with POCSO Case No. 81 of 2018, arising out of Sirdala P.S. Case No. 358 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioners will not in any way threat the family members of the victim girl and tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U T