Bhushan Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61446 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- KHAIRA District- Saran ====================================================== Bhushan Chaurasia, Son of Ramayan Chaurasia @ Ramayan Panheri, Resident of Village- Ashahani, P.S.- Rasulpur, Dist- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Khaira P.S. Case No. 80 of 2018 instituted for the offence under Section 363 of the Indian Penal Code. Later on, Sections 366A, 120B/34 of the Indian Penal Code was added.

Learned counsel for the petitioner has submitted that victim girl in her statements recorded under Sections 161 and 164 Cr.P.C. has not levelled any allegation of overt act against this petitioner. She has stated in her statements that Anil Rai, Mintu Kumari, Sunil Rai, Sudhir Rai and Jawahar Rai have taken her forcibly. Thereafter, she found herself in the house of this petitioner. This petitioner told her that he has purchased her. She has stated that this petitioner wanted to do illegal act

Patna High Court Cr.Misc. No.61446 of 2018(3) dt.26-11-2018 2/2 with her forcibly but she saved herself.

Learned counsel for the petitioner has submitted that petitioner is a handicapped person. It has further been submitted that the sister of the informant was married with this petitioner. She could not adjust and returned after marriage after spending three months with this petitioner. The informant has stated in the written report that his sister is of weak mental status.

Considering the aforesaid, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Saran at Chapra in connection with Khaira P.S. Case No. 80 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T