Dharmendar Chaudhary vs State Of Bihar

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.

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.

The allegation against the petitioner, along with others, is of kidnapping the minor daughter of the informant and also committing rape.

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 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.

Learned APP submitted that the allegation against the petitioner is of serious nature.

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 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.

The application stands disposed off in the aforementioned terms.