Dharmendra Chaudhary @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62076 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Dharmendra Chaudhary @ Dharmendra Kumar Son of Sohan Chaudhary Resident of Village - Harpurwa, Police Station - Yogapatti, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Motilal Mahto Resident of Village - Bagahi, Police Station - Yogapatti, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 363, 366(A), 504, 506/34 of the Indian Penal Code and Sections 8, 12 of the Protection of Children from Sexual Offences Act.

3. Prosecution case, in brief, is that on 17.02.2024 at about 3:30 PM, when daughter of informant went to attend call of nature, in the meantime, this petitioner along with other accused persons kidnapped her for the purpose of marriage.

4. Learned counsel for the petitioner submits that victim has already been recovered and in her statement recorded under Section 161 Cr.P.C. she has denied the prosecution case

Patna High Court CR. MISC. No.62076 of 2024(2) dt.30-09-2024 2/2 and has stated that she left the house and went along with petitioner on her own sweet will. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State opposed the bail application.

6. Considering statement of the victim recorded under Section 161 Cr.P.C. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge POCSO-cu,-ADJ-VI, West Champaran, Bettiah in connection with Jogapatti P. S. Case No. 70 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T