Ajit Chaudhary @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52897 of 2023 Arising Out of PS. Case No.-626 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Ajit Chaudhary @ Ajeet Kumar S/O Rajkumar Choudhary @ Ramotaar Chaudhary R/O Village- Bhadeja Pokhar Par, Ps. Muffasil, Dist. Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jitendra Chaudhary S/O Late Ganesh Chaudhary R/O Village- Ningri Tola Manipar, Ps. Dhobhi, Dist. Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sherghati (Dobhi) P.S. Case No. 626 of 2020 registered for the offence punishable under Sections 366 (A) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the FIR alleging kidnapping of the informant's daughter by the petitioner has been lodged after a delay of eight days. The same is as a result of afterthought. In fact, the petitioner and the alleged victim are now living in matrimony, and a compromise petition has been filed in the trial Court.

Patna High Court CR. MISC. No.52897 of 2023(2) dt.23-08-2023 2/3

4. Learned APP for the State has opposed the prayer for pre-arrest bail.

5. Considering the rival submissions, this Court, for the limited purposes of grant of anticipatory bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed, subject to verification of the compromise petition by the concerned Court.

6. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 626 of 2020 , subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.52897 of 2023(2) dt.23-08-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) uttam/- U T