Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82187 of 2023 Arising Out of PS. Case No.-380 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Pankaj Kumar Son Of Balinder Ram @ Balindra Ram R/O Village- Kariho, P.S.- Mahua, Dist.- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code.

The allegation against the petitioner is that he abducted the minor daughter of the informant. It is further alleged that when the complaint was made to them, accused persons hurled abuses and assaulted the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.82187 of 2023(2) dt.19-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is inordinate delay of one months in lodging the F.I.R. From perusal of the impugned order, it appears that victim has not whispered about the complicity of petitioner in her abduction, in her statement recorded under Section 164 of Cr.P.C. It is further submitted that she was in love affair with the petitioner and she eloped with her with her own sweet will and solemnized marriage. Moreover, the petitioner is languishing in judicial custody since 27.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.82187 of 2023(2) dt.19-12-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 380 of 2022 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 Judicial Magistrate 1st Class, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T