Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68504 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Pankaj Kumar Son of Satish Kumar Mandal @ Chatis Kumar Mandal Village- Kaniyari, Ps- Halsi, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 34 of the Indian Penal Code.

3. The case of the prosecution is that the informants daughter has gone to school but when she did not returned for a considerable time, started searching her. They came to know that Pankaj Kumar has kindapped her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim has given her statement under Section 161 and 164 of the Cr.P.C. In her statement under Section 161 of the Cr.P.C., she has stated that she has gone with Pankaj on his own will and that she has

Patna High Court CR. MISC. No.68504 of 2024(3) dt.16-01-2025 2/2 solemnized marriage with Pankaj, whereas, in the statement recorded under Section 164 of the Cr.P.C., she has stated that she has gone with Pankaj to the market and that Pankaj has solemnized marriage forcefully with her. It is also submitted that the victim was not ready for medical examination either for age determination or for sexual assault. It is further submitted that the petitioner is languishing in judicial custody since 26.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Halsi P.S. Case No. 197 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai.

(Ashok Kumar Pandey, J) Sudhanshu/- U T