Om Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70794 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Om Chaudhary Son Of Krishandev Chaudhary Village- Pakariya Ps- Parihar Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 4 of the POCSO Act.

It is a case of commission of kidnapping of the minor grand-daughter of the informant by all the accused persons including the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70794 of 2023(2) dt.30-11-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim and co-accused Chumendra Chaudhary were in love with each other and both have solemnized marriage. The marriage certificate is annexed as Annexure-2 of the petition. The petitioner is brother of co-accused Chumendra Chaudhary and he lives separately from his brother. The petitioner is languishing in custody since 23.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Sitamarhi in

Patna High Court CR. MISC. No.70794 of 2023(2) dt.30-11-2023 3/3 connection with Dumra P.S. Case No. 237 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T