Rahul Kumar @ Rahul Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76374 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Rahul Kumar @ Rahul Chauhan S/O- Naresh Chauhan Village- Gaura PsM.U Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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 147, 149, 443, 366(A), 506 of the Indian Penal Code.

The allegation against the petitioner and other co-accused persons is that they came at the house of informant and assaulted her and threatened her that they will abduct her daughter. It is further alleged that daughter of the informant was seduced by the accused persons and they kept her out from her house.

Patna High Court CR. MISC. No.76374 of 2023(2) dt.30-11-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are agnates and the present case has been lodged in the background of personal enmity. From perusal of the impugned order it is evident that victim has not whispered about the complicity of petitioner in the alleged offence in her statement recorded under Section 164 of Cr.P.C. She has stated that she herself went with the petitioner to Patna where they solemnized marriage with her own sweet will. Moreover, the petitioner is languishing in judicial custody since 11.07.2023. 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,

Patna High Court CR. MISC. No.76374 of 2023(2) dt.30-11-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Magadh University P.S. Case No. 111 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO-cum- A.D.J. VI, Gaya.

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