Bhushan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49476 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Bhushan Chaudhary Son Of Late Narayan Sahani R/O Village- Raghunathpur, P.S.- Turkauliya (Raghunathpur O.P.), District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, 34 of the Indian Penal Code and Section 8/12 of the POCSO Act. Allegation against the petitioner is of abduction of informant's daughter with intention to marry her, who is allegedly minor.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. As per the impugned order, it is apparent

Patna High Court CR. MISC. No.49476 of 2022(3) dt.11-01-2023 2/2 that in statement of victim recorded under section 164 of Cr.P.C., she stated that she voluntarily left her house and fled away with the petitioner thereafter solemnized marriage with him on 14th February. It is further submitted that the good sense has been prevailed between parties, in respect of this Annexure2 is annexed with petition. The petitioner is languishing in judicial custody since 5.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mothihari Town P.S. Case No. 11 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran.

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