Govind Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24866 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -RAJPUR District- BUXAR ====================================================== Govind Chauhan S/o Vijay KUmar Chauhan, Resident of Village-Jamouli, P.S.-Rajpur, District-Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rang Nath Choubey, Advocate For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.2.2018 in connection with Rajpur P.S. Case No.25 of 2018 for the offences alleged under Sections 363, 366(A)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as is evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C., she has claimed to be 18 years of age and also so assessed. She has stated that being in love with the petitioner, she had voluntarily solemnized marriage and are living happily together. It is, therefore, stated that the ingredients of the alleged offences are not made out against the petitioner, who claims clean antecedent.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.24866 of 2018 (2) dt.03-05-2018 2/2 the facts and circumstances of the case, 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 leach to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. case No.25 of 2018, on the following conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T