Shambhu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61853 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.

Shambhu Chaudhary Son of Late Satan Chaudhary Village- Sisirit, P.S.- Nokha, District- Rohtas At Sasaram 2.

Basanti Devi Wife of Shambhu Chaudhary Village- Sisirit, P.S.- Nokha, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A, 323, 504, 506 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have kidnapped the daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she has not supported the prosecution case. He submits that the victim girl has refused to medical examination. He submits that occurrence

Patna High Court CR. MISC. No.61853 of 2024(3) dt.05-12-2024 2/2 took place on 03.03.2024 but the FIR has been lodged on 14.04.2024 after delay of 40 days without explaining any reasonable cause of delay. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nokha P.S. Case No. 140 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T