Patna High CourtCR. MISC./50370/2016bail granted

Pankaj Kumar @ Gajendra Dubey v. The State Of Bihar

2017-01-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50370 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -MAHILA P.S. District- PATNA ====================================================== Pankaj Kumar @ Gajendra Dubey, son of Sri Mathura Dubey, Resident of Khanpura, P.S.- Bhagwanganj, District- Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Harish Kumar, Advocate For the Opposite Party : Mr. Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376, 511, 323, 343 of the Indian Penal Code and under Section 4/6 of POCSO Act.

The allegation against the petitioner is that while the prosecutrix had gone to Anand Public High School for Coaching, the petitioner, who was a teacher in that coaching, caught her hand and kissed her. The victim cried. He put her down on the ground and threatened her and also assaulted. She complained to higher authority of the coaching but no action was taken against the petitioner. The statement of victim u/s-164 of Cr.P.C has been recorded, wherein she has alleged similar allegation.

Patna High Court Cr.Misc. No.50370 of 2016 (4) dt.20-01-2017 2/2 It has been submitted that petitioner has already remained in judicial custody since 04.07.2016. In such circumstances, keeping in view the period spent by the petitioner in custody, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-1st, Patna, in connection with Special POCSO Case No. 122 of 2015 arising out of Mahila P.S. Case No. 39 of 2015, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T