Patna High CourtCR. MISC./59922/2023bail granted

Chhotu Kumar @ Chhotu Chaudhary v. The State Of Bihar

2023-09-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59922 of 2023 Arising Out of PS. Case No.-765 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== CHHOTU KUMAR @ CHHOTU CHAUDHARY Son of Late Ram Pravesh Chauhan R/o vill - Badhaiyabag Colony, P.S. - Sasaram (M), Distt. - Rohtas ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

NANDANI KUMARI @ NANDANI DEVI D/o Late Birendra Pasi, W/o Chhotu Kumar @ Chhotu Chaudhary R/o vill - Badhaiyabag Colony, P.S. - Sasaram (M), Distt. - Rohtas ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Kumar Sunil, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sasaram (M) P.S. Case No. 765 of 2017 dated 03.06.2017 registered for the offences punishable under Section 366A of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant under conspiracy.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner has solemnized

Patna High Court CR. MISC. No.59922 of 2023(2) dt.27-09-2023 2/2 marriage with the victim girl and they are living happily as husband and wife. The co-accused persons have already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 02.02.2018 passed in Cr. Misc. No. 58344 of 2017. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram (Rohtas) in connection with Sasaram (M) P.S. Case No. 765 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T