Sejeet Kumar @ Sujeet Mahra @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76809 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Sejeet Kumar @ Sujeet Mahra @ Sujeet Kumar, Son of Raj Kumar Mochi @ Rak Kumar Ravisas R/O Vill- Chotki Nawada, P. S.- Dehla, Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lala Choudhary, S/o Lakhan Choudhary, R/o Vill - Korma, P.S.- Chandauti, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kashyap, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code (in short 'I.P.C.'), whereas chargesheet has been submitted under Sections 363 and 366A of the IPC and under Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution is that the minor daughter of the informant has gone to attend her regular class at Utkramit High School, Korma on 18.10.2023. When she did not return for a considerable time she was being searched. During course of investigaion the victim was recovered and she has
Patna High Court CR. MISC. No.76809 of 2024(4) dt.02-04-2025 2/3 given her statement under Sections 161 and 164 Cr.P.C. In her statement under Section 161 Cr.P.C. she has stated that on the date of occurrence she went to tuition class of Sujit Mehra (petitioner). From there she went to chotki Nawada with Sujit. She stayed at the house of Sujit. They also solemnized marriage in a temple. On 09.11.2023, brother of Sujit asked her to make food, then she told that she does not know cooking on which brother of Sujit started assaulting her along with other family members. They told the victim to go out of the house. Then Pappu Choudhary and Mithilesh Choudhary took the victim back to her house on 10.11.2023.
4. Learned counsel for the petitioner has submitted that in her statement under Section 164 Cr.P.C. the victim has stated that Sujit has called her and he forcefully took her to his house. In medical examination her age was found to be 14-15 years and the Doctor has opined that there is no recent sign of sexual intercourse. The petitioner is a man of clean antecedent and he is in jail since 29.03.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.76809 of 2024(4) dt.02-04-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandauti P.S. Case No. 514 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Gaya. (Ashok Kumar Pandey, J) durgesh/- U T