Mithu Chaudhary @ Mithun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.536 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== Mithu Chaudhary @ Mithun Chaudhary, Son of Sri Shivpujan Chaudhary Resident of Village- Tilangahi Madhurbana, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 366-A/34 of the Indian Penal Code.

Prosecution case in brief is that as per FIR, there is allegation against the petitioner that he abducted the daughter of the informant in the night of 07.03.2020 with an intention to marry with her.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.536 of 2021(2) dt.22-02-2021 2/2 petitioner is innocent and has falsely been implicated in this case. The FIR has been lodged on 10.03.2020 and occurrence took place on 07.03.2020 and there is no explanation of three days delay. The victim in her statement given under Section 164 Cr.P.C. has stated that Binod Mahto took her to the house of the petitioner's father's sister in Nepal where the petitioner kept her for two days and thereafter he brought her to his house. Illicit relation was not established with her. The petitioner is in custody since 11.03.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State has opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Bairiya P.S. Case No. 102/2020 to the satisfaction of the learned Additional Chief Judicial MagistrateI, West Champaran at Bettiah. (Anjani Kumar Sharan, J) amitkumar/- U T