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Patna High CourtCR. MISC./74482/2022allowed

Rahul Chouhan v. The State Of Bihar

2023-03-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74482 of 2022 Arising Out of PS. Case No.-339 Year-2022 Thana- KORHA District- Katihar ====================================================== Rahul Chouhan S/O Kamaldeo Chouhan Resident Of Village- Ahima Chowk, P.S.- Korha, District- Katihar.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A), 504, 506/23 of the Indian Penal Code.

The allegation against the petitioner is that he has abducted the daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The victim girl has stated in her statement, recorded under Section

Patna High Court CR. MISC. No.74482 of 2022(2) dt.23-03-2023 2/3 164 of Cr. P.C., that she has left her house after quarreling with her mother, She left her house and went to house of her Mausi by taking help of the petitioner. This fact is also apparent in the impugned order. She has not whispered about the complicity of petitioner in her elopement. It is also submitted that petitioner is languishing in judicial custody since 30.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Korha P.S. Case No. 339 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.74482 of 2022(2) dt.23-03-2023 3/3 the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge, POCSO, Katihar.

(Sunil Kumar Panwar, J) nirajkrs/- U T