Amit Kumar Pandey @ Anku Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54671 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- SURYAPURA District- Rohtas ====================================================== Amit Kumar Pandey @ Anku Pandey S/o Vinod Pandey R/o village- Barun, P.S.- Surajpura, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul Mr. Praveen Kumar, Advocates For the Informant : Mr. Majid Mahboob Khan, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 386, 506, 120(B)/34 of the Indian Penal Code.

As per prosecution case, in brief, it is alleged by the informant Buty Rani @ Buty Kumari that she used to resides with maternal grand mother. One Amit Kumar Pandey always visit at her home and in February, 2017 on pretext of solemnized marriage established sexual relation with her till 2019.

Patna High Court CR. MISC. No.54671 of 2021(6) dt.25-04-2022 2/3 Informant was married with one Sanjay Gupta on 24.02.2019 but the accused petitioner Amit Kumar Pandey told her in-law some wrong due to which her husband drove her from matrimonial home. Thereafter, again and again accused petitioner established sexual relation with her and made a video clip and committed blackmale to her and also took away Rs. 20,00,000/- from her. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the allegation against the petitioner is false and fabricated. He further submits that all the relation has been made with the informant with her consent. He further submits that it appears from the case diary that the petitioner has given Rs. 7,00,000/- to the informant and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 03.05.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Surajpura P.S. Case No. 61 of 2021, with the following

Patna High Court CR. MISC. No.54671 of 2021(6) dt.25-04-2022 3/3 conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T