Chandani Chatterjee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52465 of 2025 Arising Out of PS. Case No.-834 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Chandani Chatterjee W/o- Late Sanjeev Chatterjee Resident of village - Piro Duve, Tola, P.S.- Ratu, District- Ranchi, state of Jharkhand and at present Resident of village - Bakhra Bujurg jarag, P.S.- Bhawanpur, District- Vaishali, ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shambhavi Kumar D/o- Late Sanjeev Chattarjee Village- Piro Katheetand Dube Tole Ps- Ratu Dist- Ranchi Jharkhand ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Sadar P.S. Case No. 834 of 2023 registered for the offence under Sections 366(A), 376(3), 325, 342, 377, 34 of the I.P.C. and Section 4 and 6 of POCSO Act and Section 75 and 79 of JJ Act.
3. The petitioner is named in the F.I.R. and is in custody since 26.08.2023.
4. The allegation against the petitioner who is none but the mother of the informant is to solemnize
2/4 marriage of informant with co-accused namely, Abhishek Kumar who was in the age group of 35-40 years against her will and further allegation was raised against petitioner being mother solemnized her marriage with one Sanu Chaudhary also after death of her father who on several occasions sexually assaulted her under the consent of this petitioner.
5. Learned counsel appearing on behalf of the petitioner submitted that entire implication raised by the informant against this petitioner who is none but her mother due to certain dispute arising out of ancestral property which was acquired by her deceased father. It is submitted that the annoyance of informant was also for the reason that her husband was between the age group of 35-40 years as per FIR itself. It is also submitted that the reason of annoyance is further that her widow mother solemnized her marriage with one Sonu Chaudhary and for all such reasons the present false implication was raised. It is submitted that co-accused Sonu Chaudhary
3/4 against whom the allegation of penetrative sexually assault was raised by informant has already granted bail by one of the learned co-ordinate Bench through Cr. Misc. No. 84033 of 2023. While concluding the argument, it is submitted that petitioner being a lady of clean antecedent in custody since 26.08.2023 i.e., more than 2 years and and till now only two charge-sheeted witnesses examined suggesting that conclusion of trial is a remote aspect.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that this petitioner is instrumental behind the entire episode/ occurrence.
7. In view of aforesaid factual submission and by taking note of fact as petitioner being a lady of clean antecedent remains in custody since 26.08.2023 where trial is not likely to conclude in near future, accordingly petitioner above named, is directed to be released on bail in connection with Sadar P.S. Case No. 834 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten
4/4 Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of POCSO 3rd Muzaffarpur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T