Patna High CourtCR. MISC./42524/2017allowed

Mukesh Kumar Pandey v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42524 of 2017 Arising Out of PS.Case No. -293 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Mukesh Kumar Pandey Son of Hridya Narayan Pandey @ hridya Nand Pandey, Resident of Mohalla-Fatehpur, Police Station-Sirdala, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363/376/34 of the Indian Penal Code and Section 4/6 of the POCSO Act. Petitioner is full brother of co-accused Rajesh Kumar Pandey. The F.I.R. reveals that the matter is of love affairs between the daughter of the informant and the said Rajesh Kumar Pandey.

Submission of the learned counsel for the petitioner is that even after recovery, the victim girl has again fled away with Rajesh Kumar Pandey and she has already married with him.

Patna High Court Cr.Misc. No.42524 of 2017 (2) dt.21-09-2017 P2/ Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Patna/successor Court in connection with Special Case No.33 of 2016, arising out of Phulwarisharif Police Station Case No. 293 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T