Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27918 of 2021 Arising Out of PS. Case No.-478 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== PANKAJ KUMAR S/o- LALIT YADAV Resident of Village- Sonbigha, P.S.- Tankuppa, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arya Achint Mr. Dhaneshwar Vashist For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection with Wazirganj P.S. Case no. 478 of 2020 registered for the offence punishable under section 366 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 13.10.2020, is person with clean antecedent and charge sheet has been submitted. Learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that his daughter had gone to Wazirganj market on 28.9.2020 and did not return, efforts were made to find out, further that on 17.9.2020/18.9.2020 petitioner called the informant and
Patna High Court CR. MISC. No.27918 of 2021(4) dt.03-01-2022 2/3 informed that victim's adhar card is required for linking with her account and thereafter, it is alleged that on 6.10.2020, petitioner informed the informant through mobile that victim is with him at Chhatisgarh. Learned counsel submits that occurrence is of 28.9.2020 and FIR came to be instituted on 8.10.2020 when the petitioner himself as per FIR had informed the informant that his daughter is with him, this in itself shows that love was brewing between the petitioner and the victim as a result of which she had eloped with the petitioner.
Learned counsel further submits that the petitioner is bank manager working in Punjab National Bank, victim was attracted and despite knowing that he was married had accompanied the petitioner to Chhatisgarh where he was posted and this fact is known to the family members of the victim even. Learned counsel submits that when the victim came back at her parental place then under pressure she stated in her 164 Cr.P.C statement that she was assaulted but does not allege sexual assault whereas in her statement before the police such allegation was not made. Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody, is person with clean antecedent, charge sheet has been submitted and FIR came to be instituted after much delay, the petitioner is
Patna High Court CR. MISC. No.27918 of 2021(4) dt.03-01-2022 3/3 directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Gaya in Wazirganj P.S. Case no. 478 of 2020. (Satyavrat Verma, J) s.hassan/- U T