Pankaj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42352 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Pankaj Pandey S/o Ramakant Pandey R/o village-Ufrauli, P.S-Belown, District-Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sharda Devi W/o Munna Dubey Resident of village-Lohandi P.S.- Karamchat Dist- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kripanand Jha, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Karamchat P.S. Case No. 36 of 2024 instituted for the offence under Sections 363, 366(A)/34 of the Indian Penal Code. 3.

Prosecution case in brief is that 16-years-old daughter of the informant was abducted by one 'Abhishek Pandey @ Golu' for the purpose of marriage. It is alleged that victim was taken to Gurgaon, at the house of the petitioner, who refused to return her as also assaulted the informant's family. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-04-2024. Petitioner

Patna High Court CR. MISC. No.42352 of 2024(5) dt.16-01-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that petitioner is brother of Abhishek. It is submitted that even as per the FIR, the petitioner has absolutely no role in abducting the victim and thus, the petitioner has been illegally trapped in this case. Victim has not alleged any overt act in her statement recorded under Section 164 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner has assaulted the informant's family. It is fervently submitted that victim is minor, hence the petitioner does not deserve the privilege of bail.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.42352 of 2024(5) dt.16-01-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Karamchat P.S. Case No. 36 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T