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Patna High CourtCR. MISC./55867/2019bail granted

Bidesh Chaudhary @ Bideshi Chaudhary v. The State Of Bihar

2019-09-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55867 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- DHANARUA District- Patna ====================================================== BIDESH CHAUDHARY @ BIDESHI CHAUDHARY, aged about 50 years, Male, Son of Late Triloki Choudhary, Resident of Village - Lawaich, P.S.- Dhanarua, Distt - Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kishore Prasad, Adv.

For the Opposite Party :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Dhanarua P.S. Case No. 133 of 2019 for the offences alleged under Sections 363, 365, 366, 366A of the Indian Penal Code. The accusation is that in the morning of 28.03.2019, sister of the informant had gone to attend the coaching, but, did not return till late evening, thereafter, the informant started the search of his sister and came to know that Sukesh Kumar, son of the petitioner, had enticed away his sister for the purpose of marriage. The informant went at the house of petitioner to make query of his sister and Sukesh Kumar, then, this petitioner and his wife started to abuse the informant. The informant, further, alleged that he has firm belief that his sister was kidnapped by Sukesh Kumar with the help of his father (petitioner).

Patna High Court CR. MISC. No.55867 of 2019(2) dt.03-09-2019 2/2 The submission of the learned counsel for the petitioner is that in fact due to love affairs, sister of the informant moved with Sukesh Kumar, son of the petitioner, but, with ulterior motive, petitioner and his wife, being the parents of Sukesh Kumar, have also been implicated in this case. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dhanarua P.S. Case No. 133 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Masaurhi, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T