Ranjan Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.209 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== RANJAN KUMAR CHAUDHARY Son of Parmendra Chaudhary Resident of Nauranga, Near Durga Mandir, Bettiah, P.S.- Bettiah City, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Bettiah Town P.S.Case No. 612 of 2022.

The learned counsel for the petitioner has submitted that the allegation of kidnapping against the petitioner is absolutely false. The alleged victim eloped with the petitioner with her own sweet will and there was love and affection between the petitioner and the daughter of the informant. He

Patna High Court CR. MISC. No.209 of 2023(2) dt.27-03-2023 2/3 has submitted further that the victim in her statements under Section 161 as well as Section 164 of the Cr.P.C. did not support the prosecution case.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-Additional District and Sessions Judge-VIth, Bettiah, West Champaran in connection with Bettiah Town P.S.Case No. 612 of 2022, subject to the following conditions:-

1. Before accepting the bail bond, the learned trial court shall verify the facts submitted by the learned counsel for the petitioner from the statement of the victim under Section 164 of the Cr.P.C.

2. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

3. If the petitioner is found involved in future in the similar type of offence, the

Patna High Court CR. MISC. No.209 of 2023(2) dt.27-03-2023 3/3 prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T