Mahendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56275 of 2021 Arising Out of PS. Case No.-348 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Mahendra Choudhary Son Of Vishwas Chaudhary R/O Village- Bairiya, P.S.- Bairiya, District- West Champaran 2.

Krishana Choudhary Son Of Nathuni Choudhary R/O Village- Bagahi Ratanpura, P.S.- Bairiya, District- West Champaran 3.

Sangita Devi Wife Of Krishna Choudhary R/O Village- Bagahi Ratanpura, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366(A), 504, 506, 34 of the Indian Penal

Patna High Court CR. MISC. No.56275 of 2021(2) dt.20-04-2022 2/3 Code and Section 12 of the Protection of Children From Sexual Offences Act.

The accusation is of abduction of the minor daughter of the informant by the accused persons including petitioners.

The victim in her 164 Cr.P.C statement has recorded her age as 19 years whereas the Medical Board has also assessed the age of the victim between 17-18 years. She has stated that she of her own left her house and living with Samodh Kumar of her own goodwill. The petitioners have been implicated in this case only because they are in relation of Samodh Kumar. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions

Patna High Court CR. MISC. No.56275 of 2021(2) dt.20-04-2022 3/3 Judge-VII-cum-Special Judge (POCSO), West Champaran, Bettiah in connection with Bairiya P.S. Case No. 348 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T