Patna High CourtCR. MISC./2454/2016bail granted

Pankaj Kumar Pandey v. The State Of Bihar

2016-01-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2454 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ====================================================== Pankaj Kumar Pandey Son of Shri Prabhakar Pandey, resident of village - Mirganj Chhath Ghat Pokhara. At Present residing at Rajendra Chowk, Mirganj Ward No. 3, P.S. Mirganj, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nityanand Mishra, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Mahila Thana P.S. Case no. 52 of 2015, disclosing offences under sections 493, 376, 341, 323 and 406 of the Indian Penal Code.

Learned counsel for the petitioner appears to be right in his submission that physical relationship, as alleged in the first information report, if any, established by the petitioner with the informant, cannot be said to be forcible rather consensual in nature.

In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the

Patna High Court Cr.Misc. No.2454 of 2016 (2) dt.19-01-2016 event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Gopalganj in connection with Mahila Thana P.S. Case No. 52 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Amin/- U