Patna High CourtCR. MISC./3206/2024bail granted

Ashok Choudhary v. The State Of Bihar

2024-02-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3206 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- AMARPUR District- Banka ====================================================== Ashok Choudhary Son of Late Jagdish Choudhary Resident of village - Lougain, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar @Deepak Sahay For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 57 of 2023 registered for the offence punishable under Sections-363, 366(AQ), 504/34 of the Indian Penal Code and Sections-4/8 of the POCSO Act.

3. Prosecution case in short is that the informant's daughter went to market to purchase some articles, but she did not return. On search, it was detected that co-accused persons abducted her daughter and fled away.

4. It has been submitted on behalf of the petitioner that the victim in her statement recorded under Section 164 of the Cr.P.C. made specific allegation of kidnapping and

Patna High Court CR. MISC. No.3206 of 2024(2) dt.07-02-2024 2/2 establishing physical relation against the co-accused Aman Kumar Choudhary only. The petitioner has falsely been implicated in the present case due to being father of co-accused, Aman Kumar Choudhary. The victim did not say anything against the petitioner in her statement recorded under Section 164 of the Cr.P.C.

5. Learned APP appearing for the State opposed the prayer for grant of anticipatory bail.

6. Considering the above-mentioned facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender within a period of four weeks 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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 57 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C. (Nawneet Kumar Pandey, J) A.K.V.//- U T