Balram Chouhan @ Balli @ Aditya Chouhan @ Aditya Kumar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66273 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== BALRAM CHOUHAN @ BALLI @ ADITYA CHOUHAN @ ADITYA KUMAR CHAUHAN S/O RAJ KUMAR CHOUHAN R/O VILLAGESAPNI KADWA DANGI, P.S- SADAR MUFASSIL, DISTT.- PURNIA. ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 , 365 , 366-A and 367/34 of the Indian Penal Code.
3. As per the prosecution case, this petitioner, along with other co-accused persons, kidnapped the minor niece of the informant, aged about 17 years, for the purpose of illicit intercourse/marriage.
Patna High Court CR. MISC. No.66273 of 2023(2) dt.18-10-2023 2/3
4. It is submitted that the victim, in her statement recorded under Section 164 of Cr. P. C., has denied the prosecuction case and has stated that she left her house without informing any family members, and she further stated that due to the ill treatment of her family members, she had gone with Azad Chouhan @ Atish Chaouhan on her own will, and no one had kidnapped her. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 20.06.2023 in Cr. Misc. No. 31430 of 2023. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the statement of the victim recorded under section 164 Cr. P . C . and clean antecedent of the petitioner and other 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 6th Additional Sessions Judge-cum-Special Judge (POCSO), Purnia in connection with Purnia Sadar P.S. case No. 687 of 2022 , subject to the conditions laid down under section 438(2)
Patna High Court CR. MISC. No.66273 of 2023(2) dt.18-10-2023 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T