Ashok Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76835 of 2025 Arising Out of PS. Case No.-1136 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ashok Kumar Chaudhary S/o Jagar Nath Chaudhary Resident of VillageLaxmi Chouk, S.B.l. ATM Gali Ward No. 1, P.S.- Brahampura, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Dimpal Kumari, Advocate For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sadar P.S. Case no.1136 of 2023 registered under section 363, 366 of the Indian Penal Code.
3. The case of the prosecution in the F.I.R is that the sister of the informant went missing and when he went to the house of the petitioner, he was told that she is safe and would return back home.
4. Learned counsel for the petitioner, at the outset, submits that the victim was in love relationship with the son of the petitioner and she eloped with his son out of her own free will. She further submits that there is a delay of three days in
Patna High Court CR. MISC. No.76835 of 2025(2) dt.27-11-2025 2/3 lodging of the F.I.R as the occurrence took place on 13.11.2023 and F.I.R was lodged on 16.11.2023 for which no explanation has been tendered. The victim was recovered and her statement was recorded under Section 164 Cr.P.C wherein she has stated that she was known to the son of the petitioner through Instagram. She had gone along with him to Punjab for getting a job. However, in the later part of her statement she has stated that she was forced to marry the son of the petitioner in a temple and subsequently she even refused to get medically examined.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the account of the statement of the victim recorded under Section 164 Cr.P.C. 6.Taking into consideration the facts and circumstances of the case and also considering the fact that there was a love relationship between the victim and the petitioner's son and they had left the house out of their own free will and hence, there is no question of any kidnapping from the lawful guardianship or even a case of abduction, it is directed that the petitioner, above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sadar P.S. Case no.1136 of 2023 on furnishing
Patna High Court CR. MISC. No.76835 of 2025(2) dt.27-11-2025 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court subject to the condition laid down under Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) Harsh/- U T