Dharmendra Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59952 of 2023 Arising Out of PS. Case No.-268 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== DHARMENDRA KUMAR CHAUDHARY S/O PUNIT CHAUDHARY VILLAGE- KEHURA, PS- MASAUDHI,, DIST- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366(A) of the Indian Penal Code.

According to FIR, the allegation against the petitioner is of kidnapping the minor sister of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The F.I.R. has been lodged after the delay of 6 days. The victim girl was recovered and her statement has been recorded u/s 164 of Cr.P.C. which is annexed as Annexure-2 of this petition, wherein she has stated that she

Patna High Court CR. MISC. No.59952 of 2023(2) dt.08-09-2023 2/2 had gone to Chennai with the petitioner out of her own sweet will where they solemnized marriage. She has also stated in her statement that she is pregnant from two and half months. She has not raised any finger against the petitioner for any overt act. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 05.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belaganj P.S. Case No. 268 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Gaya.

(Sunil Kumar Panwar, J) lata/- U T