Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70737 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Pankaj Kumar Son of Raju Sah R/o Village- Madholi, P.S- Ujiyarpur, DistrictSamstipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babloo Rai Son of Ram Naresh Ray Village- Chakjado, Ps-Baligaon, DistVaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. None appears on behalf of the informant despite valid service of notice.

2. The petitioner seeks bail in connection with Baligaon P.S. Case No. 21 of 2024 instituted for the offences under Sections 363, 365 of the Indian Penal Code.

3. Prosecution case, in short, is that the daughter of the informant left her home on 06.03.2024 but did not return. Informant suspects that this petitioner along with one Rohit Kumar took her away by enticing her.

Patna High Court CR. MISC. No.70737 of 2024(6) dt.24-02-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that victim in her statement recorded under Section 164 Cr.P.C. has specifically stated that she left her house on her own sweet will and she has not whispered anything against this petitioner. Learned counsel further submitted that victim has even refused for her medical examination. Police, after investigation, submitted charge-sheet under Sections 363, 366A of the I.P.C. and 8 of the POCSO Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.06.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.70737 of 2024(6) dt.24-02-2025 3/3 below/concerned Court in connection with Baligaon P.S. Case No. 21 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T