Pankaj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29717 of 2020 Arising Out of PS. Case No.-23 Year-2019 Thana- DHURAIYA District- Banka ====================================================== PANKAJ DAS Son of Sri Suresh Das @ Sri Suresh Ravidas R/o Vill.-Batsar, P.S.-Dhoraiya, Distt.-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366(A), 504, 506, 34 of the Indian Penal Code and section 8 of POCSO Act.

Prosecution allegation is that the accused persons kidnapped the daughter of the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.29717 of 2020(2) dt.11-12-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The main allegation is against co-accused namely Sintu Kumar. As far as petitioner is concerned, his name has transpired in the present case as he happens to be brother of co-accused Sintu Kumar. Other co-accused has been granted anticipatory bail vide Annexure-2 to the present application by a coordinate Bench of this Court.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1-cum- Special Judge, POCSO, Banka in connection with Dhoraiya P.S. Case No. 23 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T