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2025 DAILYLAW 62928 (PAT)

Arbind Chouhan @ Noniya v. The State of Bihar

CR. MISC./54219/2024 · 2025-03-05

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54219 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Arbind Chouhan @ Noniya Son of Late Lal Bihari Chauhan Resident of village - Ratari Basti (Banarsi Tola), P.S.- Dugdha, District - Bokaro (Jharkhand). ... ... Petitioner/s Versus 1. The State of Bihar 2. Victim Girl @ Namely Daughter of Ranjeet Chauhan Resident of village - Naudihha (Jagdishpur), P.S.- Chand, District - Kaimur at Bhabua, Pin Code - 821106. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr.Parwej Khan, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 6 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Bhabhua (Mahila) P.S. Case No. 24 of 2023 for the offence under Sections 354, 354(B), 506 of the I.P.C. and Section 8 of the POCSO Act. 3. As per the prosecution story, the informant has alleged that she is living in the house of her maternal grandfather (nana). On 01.05.2023 when she was sleeping, the petitioner came in the room at midnight, caught her and pulled dupatta, when she tried to raise halla, petitioner shut her mouth Patna High Court CR. MISC. No.54219 of 2024(6) dt.05-03-2025 2/3 and threatened not to disclose anyone. In the meantime, her maternal grandmother (nani) came there and the petitioner fled away. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and he has not committed any offence, but his name has been dragged in this false and concocted case due to previous enmity between petitioner’s sister and her husband who is maternal uncle (mama) of informant. Sister of the petitioner married with maternal uncle of the informant on 10.05.2022 and since then matrimonial dispute is going on between both of them. Learned counsel further submits that due to earlier case instituted by sister of petitioner against the maternal uncle of the informant under Section 498A the present case has been filed. 5. Learned counsel for both the parties have jointly submitted that the case has been settled amicably between the parties. 6. Taking into account the fact that the matter has been settled amicably between the parties, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the Patna High Court CR. MISC. No.54219 of 2024(6) dt.05-03-2025 3/3 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Speical Judge, POCSO, cum A.D.J.-VI, Kaimur at Bhabhua, in connection with Bhabhua (Mahila) P.S. Case No. 24 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Ankit Kumar/- (S. B. Pd. Singh, J) U T