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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1455 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== PANKAJ KUMAR @ PANKAJ KUMAR MANDAL Son of Jay Kishun Mandal Resident of Village - Usri, P.s.- Biraul, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 365 and 34 of the Indian Penal Code and sections 3 and 4 of the POCSO Act.

As per the prosecution case, it is stated by the informant that his 16 year old minor daughter was kidnapped by the six named accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant was recovered and her statement under section 164 Cr.P.C. was recorded in which she has not supported the prosecution case. The petitioner is in custody

Patna High Court CR. MISC. No.1455 of 2022(3) dt.06-01-2023 2/2 since 4.10.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody since 4.10.2021, investigation in the case having concluded and specially the contents of the statement of the daughter of the informant under section 164 Cr.P.C., the petitioner is directed to be enlarged on bail in connection with Biraul P.S. Case no. 254 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Darbhanga. (Partha Sarthy, J) Spd/- U T