Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68786 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- KATORIYA District- Banka ====================================================== PANKAJ YADAV @ PANKAJ KUMAR Son of Munshi Yadav Resident of Village - Bhaluwa, P.S.- Katoria, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 376, 341 and 504 of the Indian Penal Code.

Informant in her written complaint has stated that she is 18 years of age and student of Intermediate and she has developed intimate relation with petitioner and thereafter they remained in contact with each other on mobile and petitioner established physical relation with her on the promise of marriage. However, subsequently he denied to marry her and thereafter his marriage was fixed with another girl. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as the contents of the written complaint does not constitute any offence

Patna High Court CR. MISC. No.68786 of 2019(2) dt.04-12-2019 2/2 under Section 376 of IPC. The girl was major and all relations were consensual. Petitioner has got no criminal antecedent and is in custody since 28.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Katoria P.S. Case No. 103 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U