Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62397 of 2023 Arising Out of PS. Case No.-95 Year-2021 Thana- BARUN District- Aurangabad ====================================================== 1.

Vijay Chaudhary Son Of Sakhichan Chaudhary Resident Of VillageAnchha, Ps- Daudnagar, Dist- Aurangabad 2.

Awadesh Chaudhary Son Of Sakhichan Chaudhary Resident Of VillageAnchha, Ps- Daudnagar, Dist- Aurangabad 3.

Ganauri Chaudhary Son Of Sakhichan Chaudhary Resident Of VillageAnchha, Ps- Daudnagar, Dist- Aurangabad 4.

Sunita Devi @ Soni Devi Wife Of Vijay Chaudhary Resident Of VillageAnchha, Ps- Daudnagar, Dist- Aurangabad 5.

Puniya Devi Wife Of Awadesh Chaudhary Resident Of Village- Anchha, PsDaudnagar, Dist- Aurangabad 6.

Munna Kumar Son Of Ganauri Chaudhary Resident Of Village- Anchha, PsDaudnagar, Dist- Aurangabad 7.

Sangeeta Chaudhary @ Sangeeta Kumari Daughter Of Ganauri Chaudhary Resident Of Village- Anchha, Ps- Daudnagar, Dist- Aurangabad 8.

Kanti Devi Wife Of Ganauri Singh Resident Of Village- Anchha, PsDaudnagar, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.62397 of 2023(2) dt.11-10-2023 2/3

3. As per the prosecution case, one Chandan Kumar kidnapped the daughter of the informant.

4. It is submitted on behalf of the petitioners that the victim herself went away with co-accused Chandan Kumar to Gaziabad and solemnized marriage with him. It is further submitted that as per the statement of the victim recorded under Section 164 Cr.P.C., the victim is four months pregnant and she wants to live co-accused Chandan Kumar. Petitioners have falsely been implicated in this case merely because they happen to be the family members of co-accused Chandan Kumar. Petitioners claim clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer of bail.

6. Considering the statement of the victim recorded under Section 164 Cr.P.C., this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad/concerned court below in connection

Patna High Court CR. MISC. No.62397 of 2023(2) dt.11-10-2023 3/3 with Barun P. S. Case No. 95 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shishir/- U T