Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14924 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Pankaj Kumar Son of Suman Srivastava Resident of Village- Bathna, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sushma Kumari wife of Pankaj Kumar, D/o late Radha Raman Prasad, at Bathna, P.S. Goraul, Dist. Vaishali, at present Ramchaura, Rambhadra, P.S. Town Hajipur, Dist. Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Kaushal Kishor, Adv.

Mr. Hemant Kumar, Adv.

For the State :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner was granted provisional bail by order dated 11.03.2019.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. All the offences are triable by the Magistrate except under Section 328 of I.P.C. No offence under Section 328 of I.P.C. is made out. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3)

Patna High Court CR. MISC. No.14924 of 2019(4) dt.18-06-2019 2/2 PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner by order dated 11.03.2019 is hereby confirmed in connection with Goraul P.S. case No.295 of 2018 pending in the court of Chief Judicial Magistrate, Vaishali.

(Sudhir Singh, J) Narendra/- U T