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Bhagrasan Chaudhary v. The State of Bihar

Patna HC16 Jun 2022CR. MISC./8199/2022

Case brief

AI extract

What is this about?

This order considers a petition for anticipatory bail regarding an FIR under IPC sections 376, 363, 366A and POCSO section 4. The court granted bail to petitioners 2 to 6, noting the victim's statement and marriage to a non-petitioner co-accused as factors for a lenient approach.

What did the court decide?

Petitioners nos. 2 to 6 granted bail of Rs 10,000/- with two sureties requisite to the 7th Addl. Sessions Judge - cum Special Judge (POCSO), Bettiah, within four weeks in connection with Bairiya P.S.

Bhagrasan Chaudhary Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8199 of 2022

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Arising Out of PS. Case No.-41 Year-2021 Thana- BAIRIYA District- West Champaran

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======================================================

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BHAGRASAN CHAUDHARY S/O LATE ISHWAR CHAUDHARY R/O VILLAGE- BAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN

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SANJAY KUMAR CHAUDHARY S/O BHAGRASAN CHAUDHARY R/O VILLAGE- BAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICTWEST CHAMPARAN

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ABHAY KUMAR S/O BHAGRASAN CHAUDHARY R/O VILLAGEBAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN

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SARASWATI DEVI W/O BHAGRASAN CHAUDHARY R/O VILLAGEBAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN

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POONAM DEVI @ POOJA DEVI W/O SANJAY KUMAR CHAUDHARY R/O VILLAGE- BAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICTWEST CHAMPARAN

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MENKA KUMARI D/O BHAGRASAN CHAUDHARY R/O VILLAGEBAGAHI RATANPUR, P.S.- BAIRIYA, DISTRICT- WEST CHAMPARAN

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Shailendra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 16-06-2022 The learned counsel for the petitioners is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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At the outset, learned counsel for the petitioners has submitted that during pendency of the anticipatory bail petition, petitioner no.1(Bhagrasan Chaudhary) has been arrested. He, therefore, seeks permission to withdraw the application. The

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Patna High Court CR. MISC. No.8199 of 2022(2) dt.16-06-2022 2/3

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application is accordingly dismissed as withdrawn in respect of petitioner no.1.

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Heard learned counsel for the rest petitioners and the learned APP for the State.

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The petitioners apprehend their arrest in connection with Bairiya P.S. Case no. 41 of 2021 registered under sections 376, 363, 366A of the Indian Penal Code as well as section 4 of the POCSO Act.

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The main submission advanced by the learned counsel for the petitioners is that the petitioner nos. 4, 5 and 6 are women and so-called victim has returned her home and her statement under section 164 Cr.P.C was recorded and she claimed her age as 19 years before the Judicial Magistrate while deposing her statement and did not make any allegation against the petitioners and she voluntarily left house of her parents and solemnized marriage with co-accused Ajay Kumar who is not here petitioner.

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Learned APP opposes the prayer for anticipatory bail. Having considered the above submissions, mainly statement of the victim recorded before the Judicial Magistrate in which she did not level any allegation against the petitioners and even she did not support the allegation of FIR and accepted

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Patna High Court CR. MISC. No.8199 of 2022(2) dt.16-06-2022 3/3

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her matrimonial relationship with co-accused Ajay Kumar. In my view, lenient approach may be taken in respect of prayer of the petitioners. Let petitioner nos. 2 to 6, namely, Sanjay Kumar Chaudhary, Abhay Kumar, Sarswati Devi, Ponam Devi @ Pooja Devi and Menka Kumari, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the 7^th Addl. Sessions Judge-cumSpecial Judge (POCSO), Bettiah, West Champaran in connection with Bairiya P.S. Case no. 41 of 2021 subject to condition as laid down under section 438(2) Cr.P.C.

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(Shailendra Singh, J)

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s.hassan/-

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U T

Bhagrasan Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhagrasan Chaudhary v. The State of Bihar

Case brief

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