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Patna High CourtCR. MISC./18645/2023bail granted

Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar

2023-05-03Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18645 of 2023 Arising Out of PS. Case No.-443 Year-2022 Thana- DINARA District- Rohtas ====================================================== Pankaj Singh @ Pankaj Kumar Singh Son of Nagendra Singh Resident of Village - Doiya, P.S.- Dinara, District - Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Asutosh Nath, Advocate Mr. Roushan Kumar, Advocate Ms. Pratiksha Mishra, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Dinara (BHANAS) P.S. Case No. 443 of 2022 dated 03.12.2022 registered for the offences punishable under Sections 292, 354(C), 504, 506, 384 and 34 of the Indian Penal Code and Sections 8/12 of POCSO Act and Sections 66E/67(B) of I.T. Act.

3.

The main submissions advanced by learned counsel for petitioner are that after the investigation the police concluded the alleged offence punishable under Section 384 of IPC to be not true and the Section of the said offence was removed from the chargesheet and the offence punishable under Sections 8/12 of POCSO Act is not made out in this case as the main

Patna High Court CR. MISC. No.18645 of 2023(2) dt.03-05-2023 2/2 ingredient to constitute the said offence are not complete in this matter in view of the nature of allegation. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 27.12.2022 and against him the investigation has been completed.

4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent, completion of investigation against him and his custody period, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Dinara (BHANAS) P.S. Case No. 443 of 2022. (Shailendra Singh, J) Shahnawaz/- U T