Chedi Choudhary @ Chhedi Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49711 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- NIRMALI District- Supaul ====================================================== Chedi Choudhary @ Chhedi Choudhary S/O Late Mushharoo Choudhary Resident of Village- Nirmali P.S.- Nirmali, District- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 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 366(A), 370, 376(3)/34 of the Indian Penal Code; Section 4 of the POCSO Act and Section 3(2)(v)3(2)(va) of the SC/ST Act. As per prosecution, it is a case of abduction to the daughter of the informant Ramdev Ghankar @ Ramdev Mallik. Statement of victim had recorded under Section 164 of the Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in this case. Victim stated her statement recorded under Section 164 of Cr.P.C. that petitioner has not
Patna High Court CR. MISC. No.49711 of 2022(4) dt.09-02-2023 2/2 committed wrong with the victim. Only allegation against the petitioner is that he trafficking her from his house with main accused Md. Sultan who committed rape with the victim forcefully and kept in confine to the victim by Sultan. Petitioner is in custody since 04.06.2022.
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 POCSO Case No. 40/2022, arising out of Nirmali P.S. Case No. 111/2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI cum Spl. Judge, POCSO Court, Supaul. (Sunil Kumar Panwar, J) Ranjeet/- U T