IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2341 of 2011
SHATRUGHAN CHOUDHARY, SON OF LATE DARBARI CHOUDHARY,
RESIDENT OF VILLAGE NAWADA, P.S. BARH, DISTRICT PATNA
-----PETITIONER
Versus
THE STATE OF BIHAR---------------------------------------------------OPP.PARTY
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2. 23.02.2011 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner being Junior Engineer is apprehending
his arrest in a police case registered under Sections 365,
366A and 376/120B of the Indian Penal Code.
The accusation of taking the informant’s daughter
was against Sarda Devi and her brothers Sadanand Risideo
and Kalanand Risideo as well as Punia Devi. The name of
the petitioner transpired during the course of investigation.
The police after investigation submitted final form, as
contained in Annexure-2, against the petitioner since the
accusation was found false but subsequently cognizance
has been taken against the petitioner.
It is submitted by learned counsel for the petitioner
that the petitioner is posted since 1999 in Lohardagga and
he was not named in the FIR and till date petitioner has
neither received any summons nor any warrant was
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executed. Moreover the victim girl has not alleged
anything against this petitioner.
Considering the fact that the accusation was found
false by the police during investigation, let the petitioner
Shatrughan Choudhary, in the event of his arrest or
surrender in the court below, be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction
of Chief Judicial Magistrate, Araria, in Raniganj (Baunsi)
P.S.case No. 245/98, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure.
Learned court below will be at liberty to cancel the
bail bond of the petitioner in case he fails to appear during
trial on three consecutive dates.
(Dinesh Kumar Singh,J.)
Spal/