Pankaj Sharma @ Sanjay Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55028 of 2015 Arising Out of PS.Case No. -138 Year- 2015 Thana -CHANDAULI District- GAYA ====================================================== Pankaj Sharma @ Sanjay Pandey, son of Late Awadhesh Pandey, resident of Mohalla - Satyendra Nagar, Mahadev Asthan, Maner, P.S. Maner, District - Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2015 Heard Sri Rama Kant Sharma, learned Senior Counsel, who was assisted by Sri Lakshmi Kant Sharma, learned counsel for the petitioner and Smt. Sharda Kumari, learned Addl. Public Prosecutor.
The petitioner, who is in custody since 12.06.2015 in connection with POCSO Case no.45/15 arising out of Chandauti (Chakand) P.S. Case no.138/15 registered for the offence under Section 354(B) of the Indian Penal Code and Sections 4 and 6 of POCSO Act, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that the petitioner was a teacher in a school, regarding which it has been alleged that the teacher of the school had committed offence with a minor girl, aged about 3 1⁄2 years. It was submitted by
Patna High Court Cr.Misc. No.55028 of 2015 (2) dt.15-12-2015 2/2 learned counsel for the petitioner that the petitioner has falsely been made accused. Even though the victim girl was examined under Section 164 of the Code of Criminal Procedure, she has not disclosed the name of the petitioner.
I have perused the statement of the victim girl, aged about 3 1⁄2 years, recorded under Section 164 of the Code of Criminal Procedure.Keeping in view the statement of the victim girl as well as circumstances of the present case, I am not inclined to grant bail to the petitioner. The petition stands dismissed. (Rakesh Kumar, J) NKS/- U