Chhotu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69613 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Chhotu Chaudhary Son Of Ramchandra Chaudhary Resident Of Village - Etton, P.S. - Chanan, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanju Singh, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chanan P.S. Case No.62 of 2023, lodged on 11.05.2023, under Section 366A/34 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner. The informant alleged that the petitioner along with others has kidnapped the daughter of the informant on gunpoint. Apprehension has been shown that any wrong may happen with the informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is in custody since 23.05.2023. He submits that recovery of the
Patna High Court CR. MISC. No.69613 of 2023(2) dt.01-11-2023 2/3 victim has already taken place and she has disclosed nothing adverse against the petitioner either in statement under Section 161 Cr.P.C. or under Section 164 Cr.P.C. Counsel for the petitioner relying on the findings made by the Sessions Court in his rejection order where it has been acknowledged that as per the statement of victim girl she fled away with the petitioner went to Dhanbad as she is in love with petitioner but did not say even a single word even regarding marriage or physical relation.
5. Learned counsel for the State opposes the prayer for bail.
6. 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 A.C.J.M.-I, Lakhisarai, in connection with Chanan P.S. Case No.62 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.69613 of 2023(2) dt.01-11-2023 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T