IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32611 of 2011
Vikas Chaudhary, son of Parmeshwar Chaudhary, resident of
village-Maidapur, P.S. Bochahan, Distt. Muzaffarpur.
Versus
The State Of Bihar
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2. 20.10.2011 Petitioner is one of the named accused in this
registered under Section 366(A), 496, 379, 323, of the
Indian Penal Code and 3(X)(1)SC/ST Act.
Learned counsel appearing on behalf of the
petitioners submits that petitioner has been falsely
implicated in this case only to put undue pressure as the
petitioner refused to perform the marriage with complaint-
informant Nirmala Kumari. Learned counsel for the
petitioner further submitted that while the occurrence is said
to be in between 11.9.2010 to 13.09.2010 but complaint
petition has been filed on 14.9.2010 in the court of C.J.M.,
Muzaffarpur, before that no information regarding missing of
the complainant/victim has been given to the police station
or anywhere by the family of victim. It is further submitted
that victim/informant Nirmala kumari in her statement
recorded under Section 164 of the Cr.P.C. has denied about
sexual relationship with the petitioner which will appear
from Annexure-2. It is also submitted that in the complaint
petition, the occurrence is stated to be on 11.9.2010 to
13.9.2010 but the informant/complaint in her statement has
stated that the date of occurrence is 20.3.2010 which is
itself sufficient to show false implication of the petitioner.
2
The allegation of informant/victim Nirmala
Kumari against the petitioner is that in course of returning
from coaching centre, she was captured by the petitioner
and taken away in the house of brother-in-law where the
petitioner performed the marriage with her.
Under the facts and circumstances of the case
as stated above, the petitioner named above is ordered to
be enlarged on bail on furnishing bail bond of Rs. 10, 000/-
(ten thousand) with two sureties of the like amount each to
the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in
connection with Bochachan P.S. Case No. 205 of 2010.
Ravi/- (Rajendra Kumar Mishra, J.)