Patna High CourtCR. MISC./16097/2020dismissed

Pankaj Kumar Singh v. The State Of Bihar

2020-07-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16097 of 2020 Arising Out of PS. Case No.-157 Year-2018 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Pankaj Kumar Singh Son of Vijay Kumar Singh Resident of Village - Bishanpur Beri, P.S.- Mohiuddin Nagar, Distt - Samastipur. ... ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rakesh Prabhat, Advocate For the Opposite Party :

Mr.Syed Ehteshamuddin, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner enticed away informant's 14 years old daughter on the pretext of marrying her.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. He submits that the victim is major and she had gone to Punjab with the petitioner at her own sweet will because en route nowhere she raised alarm for her rescue. Petitioner has

Patna High Court CR. MISC. No.16097 of 2020(2) dt.17-07-2020 2/2 got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail pointing out that the victim girl in her section 164 Cr.P.C. statement has stated that this petitioner forcibly took her to Punjab and committed rape by keeping her in confinement for a month in a room.

In view of the nature of allegation levelled by the victim in her section 164 Cr.P.C. statement, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T