Sitesh Chaubey @ Sitesh Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59046 of 2022 Arising Out of PS. Case No.-416 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Sitesh Chaubey @ Sitesh Kumar Chaubey S/O Udaybhan Chaubey Resident Of Village- Barwachap, Lohara Tola, Ward No- 10, P.S.- Chanpatiya, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mishra For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Sections 8/12 of the Protection of Children From Sexual Offences Act.

It is alleged that minor girl of the informant has been abducted by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.59046 of 2022(2) dt.04-02-2023 2/2 been implicated in this case. The victim in her 164 Cr.P.C statement has stated that she of her own sweetwill left her house and went along with the petitioner to Nepal where she solemnized marriage with him. She has not alleged any forceful sexual assault against the petitioner. The petitioner is in custody since 21.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special 6th Additional District Judge-cum-Special Judge, POCSO, West Champaran, Bettiah in connection with Chanpatiya P.S. Case No. 416 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T