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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29726 of 2021 Arising Out of PS. Case No.-270 Year-2017 Thana- BAKHARI District- Begusarai ====================================================== PANKAJ YADAV @ PANKAJ KUMAR YADAV, Son of Paltan Yadav Resident of Village- Semraha, P.S.- Kuseshwar Asthan, District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Bakhri P.S. Case No. 270 of 2017, for the offence punishable under Section 366(A), 34 of the Indian Penal Code. The allegation is of kidnapping of minor daughter of the informant by the petitioner and other named accused in the F.I.R.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner and the victim are engaged in profession of dance and drama and for

Patna High Court CR. MISC. No.29726 of 2021(7) dt.12-04-2022 2/3 professional engagement, the minor girl of the informant had accompanied with the petitioner willingly. From perusal of statement recorded under Section 164 Cr.P.C. it appears that no complaint of any assault either physically or sexually has been made by the victim girl. The victim girl refused to appear before the Medical Board for the internal examination, however, the concerned Magistrate has assessed the age of victim to be 13 years. The petitioner is in custody 09.02.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the allegation made in the F.I.R. as well as having perused the statement of victim under Section 164 of the Cr.P.C. it appears that the victim girl has not made any allegation that petitioner has assaulted her physically or sexually and there is no allegation of tampering the evidence or influencing the witnesses, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 270 of 2017 , subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.29726 of 2021(7) dt.12-04-2022 3/3 immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T