Pankaj Yadav @ Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18580 of 2015 Arising Out of PS.Case No. -204 Year- 2014 Thana -KHIJARSARAI District- GAYA ====================================================== Pankaj Yadav @ Pankaj Kumar Yadav son of Krishna Yadav resident of village - Naudharia, P.S. Buniyadganj , District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Sections 364/120(B) of the Indian Penal Code and Section 3(i)(vi) of the ST & S.C (Prevention of Atrocities) Act and the admitted position that the son of the informant, who is said to have been allegedly taken away by the petitioner, was aged about more than 21 years and that his being employed with two other friends at More Palian, P.S.- Malsamundram in the district of Namakale in Tamilnadu, this Court would be inclined to grant privilege of anticipatory bail to the petitioner specially when he has got no criminal antecedent That being so, if the petitioner namely Pankaj Yadav @ Pankaj Kumar Yadav surrenders before the court below within a period of four weeks from today, he shall be released on bail on

Patna High Court Cr.Misc. No.18580 of 2015 (2) dt.15-06-2015 2/3 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Gaya in connection with Khizersarai P.S.Case No. 204 of 2014, subject to the following conditions: (i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of his bail on the ground of misuse. (iv) That the petitioner will be well represented on each and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be

Patna High Court Cr.Misc. No.18580 of 2015 (2) dt.15-06-2015 3/3 cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U