Suraj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83462 of 2023 Arising Out of PS. Case No.-29 Year-2017 Thana- LODIPUR District- Bhagalpur ====================================================== Suraj Choudhary, Male aged about 24 years, Son of Suresh Choudhary, Resident of Agarpur, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate Mr. Manoj Kumar Pandey, Advocate Mr. Ritik Shah, Advocate Ms. Ritik Shah, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lodipur PS Case No. 29 of 2017 instituted for the offences punishable under Sections 366A, 120B/34 of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter was abducted by the petitioner and other accused persons with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.83462 of 2023(4) dt.19-02-2024 2/3 falsely been implicated in this case. Nothing has been recovered from the conscious possession or house of the petitioner. From perusal of the FIR, statement of the victim girl recorded under Section 164 of the Cr.P.C. and the order of the learned Additional Sessions Judge-I, Bhagalpur, it appears that similarly situated co-accused person namely, Ravindra Chaudhary has been granted bail by the trial Court dated 16.12.2023. Similarly situated other co-accused persons namely, Raja Chaudhary and Savitri Devi have already been granted bail by the trial Court. From perusal of the impugned order, it appears that the bail rejection of this petitioner by the trial Court is mainly based on the ground that he has four criminal antecedent and abduction of the victim girl and there is no evidence against this petitioner except suspicion. Petitioner is in custody since 14.09.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties and statement recorded under Section 164 of the Cr.P.C. as well as other similarly situated co-accused have already been granted bail by the trial Court, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.83462 of 2023(4) dt.19-02-2024 3/3 the learned JMFC, Bhagalpur/ Concerned Court in connection with Lodipur PS Case No. 29 of 2017.

(Ramesh Chand Malviya, J) Anand Kr.

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