Lalji Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2491 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== LALJI CHOUDHARY, aged about 32 years, Gender (Male), S/o Sukai Choudhary @ Sukai Sahani, Resident of Vill.- Barnihar, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

The petitioner is apprehending his arrest in connection with Gaunaha P.S. Case No. 62 of 2020 for the offence registered under Sections 363 and 366(A)/34 of the I.P.C. read with Section 8 of POCSO Act.

The prosecution story, in brief, is that the minor daughter of the informant was kidnapped by Dharmendra Choudhary, Ravi Chandra Choudhary, Savitri Devi, Bidawati Devi, Poonam Devi and Lalji Choudhary (petitioner) on

Patna High Court CR. MISC. No.2491 of 2021(2) dt.26-11-2021 2/3 24.05.2020 at about 3.00 P.M. after connecting Mobile No. 7257086591 to Mobile No. 9746019426.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The victim is said to have eloped with the co-accused Dharmendra Choudhary. There was love affairs between them. The petitioner is the relative of the co-accused Dharmendra Choudhary. Hence, his name has transpired in the present case. There is no allegation of physical or sexual assault alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VIIth-cumSpecial Judge, (POCSO), West Champaran, Bettiah, in

Patna High Court CR. MISC. No.2491 of 2021(2) dt.26-11-2021 3/3 connection with Gaunaha P.S. Case No. 62 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T