Sandeep Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22227 of 2018 Arising Out of PS. Case No.-243 Year-2017 Thana- BAIRIYA District- West Champaran ====================================================== Sandeep Chaudhary Son of Sri Dhrup Choudhary, Resident of Village-Bagahi, Bakulia Tola, P.S.-Bairiya, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 243 of 2017, registered for the offence punishable under Sections 363, 365 and 366-A/34 of the Indian Penal Code.

The allegation against the petitioner and other accused persons is regarding committing rape on the victim girl.

The learned counsel for the petitioner has argued that the F.I.R. was filed after a delay of five days whereas the statement under Section 164 was recorded after a delay of two months and belatedly, the medical examination has been held and all such things are cooked up only with a view to

Patna High Court Cr.Misc. No.22227 of 2018(5) dt.29-06-2018 2/2 implicate the petitioner falsely. The petitioner is having a clean antecedent and he is languishing in custody since 20.10.2017.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 243 of 2017.

It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. (Mohit Kumar Shah, J) ajay gupta/- U T