Maharaja Kumar Chaudhary @ Maharaja Chaudhary @ Maharaja Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71279 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Maharaja Kumar Chaudhary @ Maharaja Chaudhary @ Maharaja Kumar Chaudhary S/O Ram Deo Chaudhary R/O Mohalla - Nabiganj, P.S.- Bhagwan Bazar, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Bhagwan Bazar Police Station Case No. 470 of 2023, disclosing offences under Sections 363, 366(A), 34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 03.12.2023, in the morning, when the daughter of the informant went outside to attend natures call, all the accused persons kidnapped the informant's daughter.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to dirty village politics. He next submits that in the statement given

Patna High Court CR. MISC. No.71279 of 2024(2) dt.27-09-2024 2/3 by the victim, under Section 164 Cr.P.C., she has stated that no one had kidnapped her. He next submits that there was a love relation between victim and the petitioner and both have willfully solemnized marriage. He further submits that coaccused persons in the present case have been granted bail by this Court vide order dated 30.05.2024 in Cr. Misc. No. 34715 of 2024. The petitioner is in custody since 11.12.2023.

5. Regards being had to the submissions made by the parties and taking into consideration the statement of the victim girl, recorded under Section 164 Cr.P.C. and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Saran at Chapra, in connection to the Bhagwan Bazar Police Station Case No. 470 of 2023, disclosing offences under Sections 363, 366(A), 34 of the Indian Penal Code.

7. This is subject to the condition that the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear

Patna High Court CR. MISC. No.71279 of 2024(2) dt.27-09-2024 3/3 before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) HarshPandey/- U T