Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8914 of 2022 Arising Out of PS. Case No.-719 Year-2021 Thana- FATUA District- Patna ====================================================== Pankaj Kumar Son of Rajbali Singh Resident of Village - Dariyapur, P.s.- Gourichak, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satrudhan Kumar, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 719 of 2021 lodged under Sections 419, 420, 342, 392, 376D, 364, 506/34 of the I.P.C. As per the prosecution case, the informant has disclosed that when she returned from Kota and reached Patna on 16.09.2021 and she was kidnapped. On the said evening, she found herself in a godown. She has made allegation that 4 persons were involved in her kidnapping, who rapped her and forcibly taken her A.T.M. card and extracted Rs. 20,400/- from her account, upon forcefully taking password. Informant had
Patna High Court CR. MISC. No. 8914 of 2022(7) dt.09-11-2022 2/3 disclosed the name of the petitioners as during commission of crime, they called each other by name.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that under deep rooted conspiracy, his name figured in this case. He further submits that case diary has been called for. In the case diary, medical report is attached and medical report submits that, there is no sign of recent sexual intercourse with the informant. He further put emphasis that in the case diary, the account details are available are on the record, whose A.T.M. was used by the informant. The details of account is of 01.09.2021 to 15.12.2021, whereas the date of occurrence alleged to be of 17.09.2021. Learned counsel for the petitioner submits that, it transpires from the statement of account that there is absolutely no transaction of Rs. 20,400/- made on the said date or a nearby date from the accused as such the entire allegation made in the F.I.R. is baseless. Learned counsel further submits that 21.09.2021 having clean antecedent and charge has been framed.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and
Patna High Court CR. MISC. No. 8914 of 2022(7) dt.09-11-2022 3/3 the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Patna City in connection with Fatuha P.S. Case No. 719 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T