Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16506 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== PANKAJ KUMAR Son of Pramod Kumar Resident of Village- Khadiyahi Narhan, Police Station- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Section 376 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have committed repeated rape of the informant by saying that if she would not allow him to do so then the petitioner would post her nude pictures on social media platforms.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on account of family dispute. Nothing has been

Patna High Court CR. MISC. No.16506 of 2022(2) dt.21-07-2022 2/2 recovered from the possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The victim in her statement recorded under Section 164 has stated that she levelled the allegation against the petitioner on account of family dispute. It is further submitted that the petitioner is the nephew of the informant. As per the medical report, there is no evidence of sexual and physical assault found on the person of the victim lady. The informant is a major girl. The petitioner is in custody since 16.01.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhauli, Begusarai, in connection with Khodawandpur P.S. Case No. 14 of 2022.

The application stands allowed.

Atul/- (Chandra Prakash Singh, J) U T