Chhotan Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69727 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- BARBIGHA District- Sheikhpura ====================================================== Chhotan Nonia S/o Late Suraj Nonia Resident of Village- Belao, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 139 of 2021 registered for the offence under Sections 366, 323, 504 and 34 of the Indian Penal Code and vide order dated 07.09.2021 Sections 366A of the Indian Penal Code and Section 8 of the POCSO Act read with Section 3(1)(r) (s)(w)(I)(w) and 3(2)(va) of SC/ST (POA) Act. The accused/petitioner is named in the F.I.R. and is in custody since 07.09.2021.

The allegation against the petitioner is to kidnap the daughter of the informant, aged about 18 years, alongwith other

Patna High Court CR. MISC. No.69727 of 2021(3) dt.19-11-2022 2/3 co-accused person/family members, for the purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation of kidnapping is available against the son of the petitioner and for the only reason as son of the petitioner is the main accused, petitioner has been falsely implicated in the present case, who is otherwise a man of clean antecedent. It is pointed out that nothing incriminating was stated by the victim against this petitioner, while recording her statement u/s 164 of the Cr.P.C. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as nothing incriminating was stated by the victim against this petitioner, while recording her statement u/s 164 of the Cr.P.C. in the background as thrust of allegation is available against son of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above

Patna High Court CR. MISC. No.69727 of 2021(3) dt.19-11-2022 3/3 named, is directed to be released on bail in connection with Barbigha P.S. Case No. 139 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI, Sheikhpura/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T