Patna High CourtCR. MISC./53306/2018bail granted

Pankaj Kumar Yadav v. The State Of Bihar

2018-10-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53306 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================

1. Pankaj Kumar Yadav S/o Late Manik Lal Yadav @ Manay Yadav, R/o Vill.- Salkhua, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mahila P.S. Case No. 08 of 2018 instituted for the offence under Sections 376, 506 of the Indian Penal Code and Section 4/6 of POCSO Act. The police has submitted charge sheet against the petitioner under Sections 376 and 506 of the Indian Penal Code and not under POCSO Act. Counsel for the petitioner submits that in the written report it is alleged that daughter of the informant told the informant that this petitioner has committed illegal act with her for last two months, on account of which, she became pregnant. Counsel for the petitioner further submits that informant has filed the instant case after her daughter giving birth to a male child, just to pressurize the petitioner to perform marriage with

Patna High Court Cr.Misc. No.53306 of 2018 (3) dt.11-10-2018 2/2 daughter of the informant.

Petitioner has clean antecedent. He is in custody since 01.03.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur, in connection with Mahila P.S. Case No. 08 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T