Dharmendar Chaudhary vs The State Of Bihar
2021 Latest Caselaw 581 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36944 of 2020
 Arising Out of PS. Case No.-62 Year-2020 Thana- GAUNAHA District- West Champaran
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Dharmendar Chaudhary, Aged about 23 years, Male, Son of Ravi Chandra Chaudhary, Resident of Village- Lachhnawta, P.O.- Dhamoura, P.S.- Sathi, District- West Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. K K Tiwary, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. K K Tiwary, learned counsel for the petitioner

and Mr. Rana Randhir Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Gawnaha PS Case No. 62 of 2020 dated 26.05.2020, instituted

under Sections 363/366A of the Indian Penal Code and 8 of the

Protection of Children from Sexual Offences Act, 2012.

3. The allegation against the petitioner, along with

others, is of kidnapping the minor daughter of the informant and

also committing rape.

4. Learned counsel for the petitioner submitted that the

allegation is false and there is no question of any rape or

abduction as the petitioner is married and, thus, could not have Patna High Court CR. MISC. No.36944 of 2020 dt.02-02-2021

created any relationship with the girl. Learned counsel

submitted that the very next day, the girl was subjected to

medical examination in which no internal or external injury has

been found or any evidence of recent sexual assault. Learned

counsel submitted that the Medical Board has opined that with

regard to her age, a Special Medical Board be created which has

not been done. However, learned counsel submitted that the so-

called victim girl does not have any reputation and the present

case has been filed only to extort money. It was submitted that

the petitioner is in custody since 05.06.2020.

5. Learned APP submitted that the allegation against the

petitioner is of serious nature.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional

Sessions Judge VII-cum-Special Judge POSCO Act, Bettiah,

West Champaran in Gawnaha PS Case No. 62 of 2020, subject

to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the Patna High Court CR. MISC. No.36944 of 2020 dt.02-02-2021

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T