Raj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64462 of 2021 Arising Out of PS. Case No.-78 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raj Kumar Chaudhary S/O Suresh Chaudhary R/o village- Mathurapur (Tara), P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kabita Kumari D/o Vinod Ray R/o village- Mathurapur (Tara), Ward No. 11, P.S.- Kalyanpur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case No. 78 of 2019, registered for the offences punishable under Sections 323, 342, 354 and 504 of the Indian Penal Code and section 8 of the POCSO Act.

As per the FIR when the complainant was alone at her house, co-accused Jitendra Choudhary entered into her house and forcibly torn her cloths and tried to outrage her modesty. On alarm informant's mother came she caught hold of the Jitendra Choudhary and started shouting, then co-accused Satish Choudhary came and petitioner and Satish Choudhary started beating informant and her mother. Thereafter, villagers

Patna High Court CR. MISC. No.64462 of 2021(2) dt.23-05-2022 2/2 assembled there and the all the accused persons fled away after destroying the hut of the complainant.

It is submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation of assault against all the accused persons. Specific allegation of outraging modesty of complainant is against co-accused Jitendra Choudhary. Co-accused Satish Choudhary has already been granted bail by a coordinate Bench of this court vide order dated 13.05.2022 passed in Cr. Misc. No. 61150 of 2021. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Additional Sessions Judge Ist, Samastipur in connection with Complaint Case No. 78 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T