Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44138 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== PANKAJ KUMAR @ PANKAJ YADAV Son of Kshatrabali Yadav @ Kshatrabali Kumar R/v- Alawapur, P.S- Kurtha in the dist of Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A of Indian Penal Code and Section 8 of the POCSO Act. Allegation against the petitioner is of abduction of victim daughter of the informant on the pretext solemnization of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. It appears from the statement of victim recorded

Patna High Court CR. MISC. No.44138 of 2022(3) dt.09-01-2023 2/2 under section 164 of C.r.P.C. that she did not whisper the complicity of the petitioner in this offence rather she went with the petitioner by her own sweet will. It is further submitted that the petitioner is languishing in judicial custody since 18.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special POCSO No. 39 of 2022 arising out of Kurtha P.S. Case No. 96 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-CumSpecial Judge, POCSO, Jehanabad. (Sunil Kumar Panwar, J) amandeep/- U T