Santosh Choudhary @ Santosh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53411 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Santosh Choudhary @ Santosh Kumar Choudhary S/O Late Birendra Choudhary Resident Of Village- Champa Nagar, P.S.- Raghopur, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Triveniganj P.S. Case No. 87 of 2022 registered under Sections 366(A), 376 and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act and Section 3(i) w(i) w(ii) of SC/ST Act.

As per allegation in the FIR, there was love affair between the victim girl and the accused Karan Sardar and he in connivance with other accused persons enticed away the victim girl by a Scorpio Car of which petitioner was driver. It is further alleged that accused Raju Chaudhary has abused the victim girl physically and performed marriage forcefully.

Patna High Court CR. MISC. No.53411 of 2022(3) dt.01-02-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village politics. It is further submitted that the petitioner is not named in FIR rather his name came into light in this case during investigation. After recovery of the victim girl, her statement was recorded under Section 164 of Cr.P.C. in which she did not whisper any complicity of the petitioner in this case rather the specific allegation of sexual assault and performed marriage forcefully is against accused Raju Chaudhary. A statement has been made in para-3 of the petition that petitioner has got no criminal antecedent. He is languishing in judicial custody since 14.07.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Triveniganj P.S. Case No. 87 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.53411 of 2022(3) dt.01-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI Cum Spl. Judge POCSO Court, Supaul. (Sunil Kumar Panwar, J) shubham/- U T