Patna High CourtCR. MISC./64419/2022bail granted

Mukesh Choudhary v. The State Of Bihar

2023-03-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64419 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- MANIHARI District- Katihar ====================================================== MUKESH CHOUDHARY Son of Ramadhar Choudhary R/o Kutubpur, P.SMainihari, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Manihari P.S. Case No. 123 of 2021, alleged offences u/s363, 366(A) of the IPC and 8 POSCO Act. Learned counsel for the petitioner has submitted that the occurrence of kidnapping is alleged to have taken place on 22.05.2021, whereas the FIR has been lodged on 27.05.2021. The victim in her statement under Section 164 of the Cr.P.C. did not support the prosecution case and she has stated that she went with the petitioner with her own sweet will. The petitioner is a person of clean antecedent and is under custody since 28.05.2021.

Patna High Court CR. MISC. No.64419 of 2022(3) dt.23-03-2023 2/2 On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned court of A.D.J.-VII-cum Special Judge POCSO Court, Katihar in connection with Manihari P.S. Case No. 123 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T