Shyam Deo Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52800 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== SHYAM DEO CHOUDHARY Son of Ram Lakhan Choudhary Resident of Village - Neel Kothi, P.S.- Dehri, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with POCSO Case No. 38 of 2019 arising out of Mahila P.S. Case No. 34 of 2019 registered for the offence punishable under Sections 341, 323, 354, 376/34 of the Indian Penal Code.

The allegation is regarding the co-accused namely Baijnath having apprehended the victim girl and after taking her to a hotel had raped her.

The learned counsel for the petitioner submits that a bare perusal of the entire case diary would show that the petitioner herein is the owner of the hotel where the victim girl was taken by the said co-accused Baijnath, however, he has

Patna High Court CR. MISC. No.52800 of 2019(4) dt.20-11-2019 2/2 neither been named by the victim girl as the perpetrator of the crime nor he has been stated to have helped the co-accused Baijnath in kidnapping the victim girl, hence the petitioner has got no hand in the abduction of the victim girl. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 21.06.2019.

Having regard to the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1, Sasaram, Rohtas in connection with POCSO Case No. 38 of 2019 arising out of Mahila P.S. Case No. 34 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T