Deepak Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59546 of 2022 Arising Out of PS. Case No.-373 Year-2022 Thana- RAHUI District- Nalanda ====================================================== 1.

DEEPAK CHAUDHARY Son of Yougendra Choudhary R/V- Salmabad (Sonsa), P.s- Rahui, Dist- Nalanda 2.

Santosh Chaudhary @ Bhonu Chaudhary Son of Yougendra Choudhary R/VSalmabad (Sonsa), P.s- Rahui, Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Babita Devi Wife of Rambabu Paswan R/V- Rahui, P.s- Rahui, DistNalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate.

For the Opposite Party/s :

Mr. Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Rahui P. S. Case No. 373 of 2022 registered for the offences punishable under Sections 366 A, 354 read with Section 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. As per the prosecution case, the petitioner along with

Patna High Court CR. MISC. No.59546 of 2022(3) dt.06-02-2023 2/3 the named accused persons kidnapped the minor daughter of the informant aged about 14 years after inducing her. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioners. The petitioners have been dragged in this case because they are brothers of the coaccused. The victim in her statement recorded under Section 164 Cr.P.C. has not stated the name of the petitioners. The petitioner no. 1 has no criminal antecedent and so far as the petitioner no. 2 is concerned, he is found involved in one more criminal case, which relates to Excise Act as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Nalanda at Biharsharif in connection with Rahui P. S. Case No. 373 of

Patna High Court CR. MISC. No.59546 of 2022(3) dt.06-02-2023 3/3 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

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