Komal Kumar Choudhary @ Komal Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63022 of 2023 Arising Out of PS. Case No.-292 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== KOMAL KUMAR CHOUDHARY @ KOMAL CHOUDHARY SON OF SIYA RAM CHOUDHARY R/O VILLAGE- MANIKPUR, P.S.- BIRAUL, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 , 366(A) , 504, 323 , 506 and 34 of the Indian Penal Code and Section 3 and 4 of POCSO Act 20212.
3. As per the prosecution case, all the FIR named accused persons including this petitioner kidnapped the minor daughter of the informant.
4. It is submitted by learned counsel for the petitioner submits that victim in her statement recorded under section 164 Cr. P . C . statement denied the prosecution case and stated that she has love affairs with the petitioner Komal Choudhary and
Patna High Court CR. MISC. No.63022 of 2023(2) dt.17-10-2023 2/2 she voluntarily left her house and went to Samastipur with him. Petitioners claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the statement of victim recorded under section 164 Cr. P . C and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Exclusive Special Judge , (Pocso) Darbhanga in connection with Biraul P.S. case No. 292 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T