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Patna High CourtCR. MISC./1737/2022bail granted

Pankaj Kumar v. The State Of Bihar

2022-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1737 of 2022 Arising Out of PS. Case No.-289 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== PANKAJ KUMAR S/O CHANDI PASWAN @ LALCHAND PASWAN R/o village- Madhokhap, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her minor daughter was kidnapped by this petitioner. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the victim has returned and her statement was recorded under Section 164 of the Cr.P.C. (Annexure-2 to the anticipatory bail application) wherein she has disclosed her age as 17 years and has not supported the prosecution case

Patna High Court CR. MISC. No.1737 of 2022(2) dt.08-08-2022 2/2 rather has stated that she has married the petitioner. Learned counsel further submits that no doubt the victim is a minor but then she has not supported the prosecution case and presently she is also not staying with the parents nor parents have made any efforts to retrieve her.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 289 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) shivam/- U T