Chootak Chaudhary @ Ram Darshan Choudhary @ Chhotak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58337 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Chootak Chaudhary @ Ram Darshan Choudhary @ Chhotak, Son of Bhikhari Choudhary, Resident of Village-Belaur, P.S Udawant Nagar, District Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiv Prasad Gupta For the Opposite Party : Mr. Sucheta Yadav(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned A.P.P representing the State.

The petitioner seeks bail in connection with Udawant Nagar P.S. Case No. 70 of 2015 registered for the offence punishable under Sections 363/365 of the Indian Penal Code. Allegedly, the petitioner took away Law-Kush the grand-son of the informant and became traceless. During investigation on 01.03.2015, petitioner was apprehended with victim boy.

Submission is of false implication due to suspicion, the petitioner has not kidnapped the victim boy rather victim boy was with him, witness Puspa Devi vide para 19 of the case diary has stated that petitioner has been named in the FIR only on

Patna High Court Cr.Misc. No.58337 of 2015 (5) dt.10-03-2016 2/2 suspicion, chargesheet has been submitted under section 363/365 of the Indian Penal Code and petitioner is suffering in custody since 01.03.2015 and has been sufficiently penalized, to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udawant Nagar P.S. Case 70 of 2015, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T