Amresh Chaudhary @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53549 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SAHODARA District- West Champaran ====================================================== Amresh Chaudhary @ Amresh Kumar S/O Lalan Chaudhary R/O VillageParsa Dih, P.S- Sahodara, Distt.- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/O Late Rambali Yadav R/O Village- Bishunpurwa, P.S- Shodara, Distt.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Despite valid service of notice, none appears for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Sahodara P.S. Case No. 30 of 2025 instituted for the offence under Section 137 (2) & 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.

3.

Prosecution case in short is that 15-year-old daughter of the informant was allegedly abducted from his house on April 12, 2025, by three accused: Amresh Chaudhary (petitioner), Dhananjay Bin and Manoj Paswan. The informant searched for her and found her daughter the next day hidden in

Patna High Court CR. MISC. No.53549 of 2025(5) dt.31-10-2025 2/3 the house of Lalji Chaudhary.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-04-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Informant is not the eye witness to the occurrence. As per medical report, there is no recent evidence of sexual assault. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Victim in her statement recorded under Section 183 of the BNSS, 2023, has clearly stated that it is the petitioner who has made forceful sexual relationship with her.

7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation of sexual assault against the petitioner, which fact is evident in her statement recorded under Section 183 of the BNSS, 2023, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as

Patna High Court CR. MISC. No.53549 of 2025(5) dt.31-10-2025 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T