Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79026 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- DELHA District- Gaya ====================================================== Pankaj Kumar S/o HareramChaudhary R/vill-BageshwariColony, P.S-Delha, Distt.-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner, who is in custody, seeks bail in connection with Delha P.S. Case No. 141 of 2018 registered for the offence punishable under Sections 342, 354(A), 354(B) of the Indian Penal Code.

Informant Divya Kumari in her written complaint has stated that when she had gone to take tuition classes, petitioner tried to tease her and also on protest by her father, petitioner assaulted him.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to dirty village politics. It has been further submitted that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.79026 of 2018(3) dt.28-02-2019 2/3 dispute of the fee of coaching institute. There is no eye witness of the occurrence. Petitioner has no criminal antecedent and he is in custody since 02.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 7th, Gaya, in connection with Delha P.S. Case No. 141 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient 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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court CR. MISC. No.79026 of 2018(3) dt.28-02-2019 3/3 will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U