Sanjay Kumar Chauhan @ Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62421 of 2022 Arising Out of PS. Case No.-487 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sanjay Kumar Chauhan @ Sanjay S/O Indrapal Singh @ Indrapal @ Indrapal Singh Chauhan Resident Of Village- Digoi, P.S.- Anwala, District- Barelly (U.P.).

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhabua P.S. Case No. 487 of 2022 lodged under Sections 363/366-A of the I.P.C.

As per the prosecution case, in the F.I.R. criminal case has been lodged against unknown persons. The informant has intimated to the police that on 23.07.2022, her daughter went to market but did not return, thereafter, on the evening 24.07.2022, she called through her mobile-phone to her father that she is at Delhi Railway Station and she is with her aunt. Thereafter, the

Patna High Court CR. MISC. No.62421 of 2022(2) dt.25-02-2023 2/3 mobile phone went switch-off and on the subsequent day, the informant received a call from her daughter and she told him that she would return by 9 O'clock but when she did not return then the present F.I.R. was filed.

Learned counsel for the petitioner submits that the upon recovery, the name of the petitioner has come after the girl made her statement under Section 164 of the Cr.P.C. and in her statement, she narrated that she was residing with the petitioner at Surajkund, Delhi and she also narrated that she entered into marriage with the petitioner on 18.08.2022, before Court. Counsel submits that from the content of the F.I.R., as well as, the statement made under Section 164 of the Cr.P.C., it transpires that the informant's daughter herself went to Delhi for dating with the petitioner. He submits that in her statement, she has informed that her age is 18 years but Court has found her age as 17 years.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 25.08.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.62421 of 2022(2) dt.25-02-2023 3/3 In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhabua, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 487 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T