Patna High CourtCR. MISC./67858/2022bail granted

Ashutosh Kumar Chaudhary @ Bittu v. The State Of Bihar

2023-03-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67858 of 2022 Arising Out of PS. Case No.-35 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== Ashutosh Kumar Chaudhary @ Bittu S/o Pawan Chaudhary @ Naresh Kumar Chaudhary R/v- Pali Katahi Tole, P.S.- Benipatti, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner : Mr. Gagandeo Yadav, Advocate Mr.Ravi Prakash, Advocate & Mr.R.Kumar, Advocate For the State Mr.Syed Mojibur Rahman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366, 323, 379,504/34 of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped daughter-in-law of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under section 164 Cr. P. C. has denied the prosecution case and has stated that due to torture of her husband, she left her matrimonial house. Thereafter, petitioner forcibly took her to Delhi and after sometime she returned to Bettiah by bus. There is no allegation of sexual assault or misbehave against this petitioner.

Patna High Court CR. MISC. No.67858 of 2022(3) dt.14-03-2023 2/2 Considering the statement of the victim, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Benipatti, Madhubani in Benipatti Police Station Case No. 35 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T