Rahul Chaudhary @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59937 of 2023 Arising Out of PS. Case No.-130 Year-2020 Thana- HISUWA District- Nawada ====================================================== Rahul Chaudhary @ Rahul Kumar, aged about 25 years (Male), Son of Ranjit Prasad Chaudhari @ Rajesh Chaudhary, Resident of Village-Anarapur, P.S.- Hisua, District-Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Hisua P.S. Case No. 130 of 2020 dated 20.04.2020 registered for the offences punishable under Sections 341, 323, 354(B)/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

4. As per the prosecution case, three unknown miscreants boarded on a Motorcycle came and tried to molest the daughter of the informant and on her hulla, they fled

Patna High Court CR. MISC. No.59937 of 2023(2) dt.27-09-2023 2/3 away on the said Motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner was not present at the place of occurrence rather he was at his working place in Delhi. The petitioner is not named in the F.I.R. and his name has sprang up in this case during the course of investigation. It is further submitted that the occurrence has taken place on 18.04.2020 as to when the F.I.R. has been lodged on 20.04.2020 after a delay of two days for which no explanation has been given by the prosecution. The petitioner has got no criminal antecedent.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Hisua P.S. Case No. 130 of 2020, subject to the condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.59937 of 2023(2) dt.27-09-2023 3/3 the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T