Chhotu Chauhan @ Niraj Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.35861 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35861 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -HASANGANJ District- KATIHAR ====================================================== Chhotu Chauhan @ Niraj Chauhan son of Pasuram Chauhan, resident of Village- Matiyari Tira, Police Station- Mufassil Rani Patra, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar For the Opposite Party : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 18.06.2015 in a case instituted under Sections 363 and 366(A)/34 of the Indian Penal Code.

As per allegation, this is a case of abduction of a married girl who is 17 years of age by the accused persons, in the absence of her family members.

It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent. He is in custody since 18.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. From perusal of statement made under Section 164 Cr.P.C by the

Patna High Court Cr.Misc. No.35861 of 2015 (3) dt.05-10-2015 victim, she has not made any allegation of sexual assault by the petitioner. The alleged occurrence is said to have taken place on 12.06.2015 but the case was instituted on 15.06.2015 and no explanation has been made in respect of delay in lodging of the FIR.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner 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 learned CJM, Katihar in connection with Hasanganj P.S.Case No.16 of 2015.

(Sudhir Singh, J) B.Kr./- U T