Pankaj Kumar @ Pankaj Kumar Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.977 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Pankaj Kumar @ Pankaj Kumar Rajak S/O Lal Babu Rajak @ Lal Babu Baitha R/O Village- Sabaiya, P.S- Turkauliya, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP for the informant Mr. Rashmi Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, the State and the informant.
Petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/504/34 of the Indian Penal Code and sections 8 and 10 of the POCSO Act. As per the prosecution case, this petitioner along with his accomplice kidnapped minor daughter of the informant who is still traceless.
Learned counsel for the petitioner submits that there is delay of 4 days in lodging of the FIR and there is no explanation of delay. During investigation, witnesses have stated that the victim was in love with co-accused Abhimanyu Kumar and both of them left the house voluntarily and petitioner has been made accused in this case only because he is friend of said co-
Patna High Court CR. MISC. No.977 of 2023(2) dt.08-05-2023 2/2 accused. Petitioner claims clean antecedent.
Learned counsel for the State and the informant oppose the prayer for bail. They submit that there is specific allegation against the petitioner that he along with other coaccused kidnapped minor daughter of the informant which fact is also supported by the CCTV footage. The victim is still traceless.
Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T