Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45667 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- SUIYA District- Banka ====================================================== PANKAJ YADAV @ PANKAJ KUMAR S/O TARNI YADAV R/O VillageBarguniya, P.S- Suiya, Distt.- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 sections 366A, of the Indian Penal Code and Sections 8/12 of the POCSO Act. As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant due to ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. As per Medical Board, victim is aged about 17-19 years and as per her statement recorded under Section 164 of

Patna High Court CR. MISC. No.45667 of 2023(3) dt.29-08-2023 2/2 the Cr.P.C., which is mentioned in case diary, wherein victim has not stated about the complicity of the petitioner in this alleged occurrence and she has also stated that she with her sister had gone to her mausi house. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 31.05.2023. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Suiya P.S. Case No. 183 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-cum Special Judge POCSO, Banka (Sunil Kumar Panwar, J) manishkumar/- U