Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54593 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Anil Chaudhary Son of Sri Shambhu Chaudhary Resident of Village - Khalwa Tola, Nawalpur, P.S.- Jogapatti (Nawalpur), Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 366, 376 and 506/34 of the Indian Penal Code.

Victim daughter of the informant was kidnapped on 24.10.2018 and the F.I.R. was lodged only on her return back to the house on 10.01.2019. Though the victim in her statement under Section 164 Cr.P.C. stated that she was kidnapped by the family members of the petitioner as well as by the petitioner. However allegation of physical relation is only against the petitioner on the promise of marriage.

Submission is that the victim is aged about 20 years. Both are consenting parties and under pressure of the parents,

Patna High Court CR. MISC. No.54593 of 2019(6) dt.21-01-2020 2/2 the present case was lodged as well as statement of the victim was recorded. Petitioner is in custody since 16.05.2019. Investigation of the case is already complete. Considering the entire facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jogapatti (Nawalpur) P.S. Case No. 19 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T