Patna High CourtCR. MISC./56336/2018bail granted

Pankaj Thakur v. The State Of Bihar

2018-11-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56336 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== Pankaj Thakur, son of Ram Laxan Thakur, resident of village Bagahi, P.s. Piar, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Smt Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Piar P.S. Case No. 112 of 2018 instituted for the offence under Section 376 of the Indian Penal Code.

Counsel for the petitioner submits that victim girl has not given any statement under Section 164 Cr. P.C. The girl was medically examined wherein the Doctor has found her age between 17 to 18 years. The Doctor has after Pathological report did not find any spermatozoa. The Doctor has given opinion that it is difficult to confirm rape upon the victim girl. Counsel for the petitioner further submits that the instant case has been filed on account of enmity between the family of the informant as mentioned in paragraphs 12 and 13 of the bail petition.

Patna High Court Cr.Misc. No.56336 of 2018(5) dt.20-11-2018 2/2 In the written report it is alleged that petitioner after entering into the room of the informant committed rape with her.

The petitioner is said to be in custody since 26.06.2018.

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 Special Judge, POCSO Act, Muzaffarpur, in connection with Piar P.S. Case No. 112 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

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