Shiva Chaudhary @ Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69980 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- SUPAUL District- Supaul ====================================================== SHIVA CHAUDHARY @ SHIVA KUMAR S/O BINOD CHAUDHARY @ Baua R/o Village- Ward No.7 Babhni, P.S.- Gamhariya, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratibha Ssrivastava, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have kidnapped the niece of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The statement of the victim

Patna High Court CR. MISC. No.69980 of 2024(2) dt.21-10-2024 2/2 has been recorded under Sections 164 Cr.P.C. in which she has not supported the prosecution case and stated that she had left her house with her own sweet will and went to Delhi, where she solemnized marriage to this petitioner in a temple. It is further submitted that the doctor, who examined the victim, has found her age about 17 to 19 years. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Supaul P.S. Case No. 229 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T