Sanjeev Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81431 of 2024 Arising Out of PS. Case No.-221 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Sanjeev Pathak S/o- Late Uday Kant Pathak @ Uday Pathak Resident of village - Malti PS - Phulwaria District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 366(A)/34 of the Indian Penal Code.

3. As per prosecution case, on 07.07.2021 at about 7 PM, the daughter of informant, aged about 16 years, went to attend coaching class, but she did not return till 12 o'clock. On search, he came to know that his daughter went with co-accused Krishna Kumar Pathak and others to Varanasi. It is further alleged that when informant went to the house of accused persons, he did not get any satisfactory reply. Informant suspects that co-accused Krishna Kumar Pathak and other F.I.R. named accused persons have kidnapped his daughter by alluring her.

Patna High Court CR. MISC. No.81431 of 2024(2) dt.24-01-2025 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case since he is father of co-accused Krishna Kumar Pathak. He further submits that after recovery of victim, she was produced before the Medical Board, where she stated that she was married on 07.07.2021. The Medical Board has not found any injury on the private part of the victim and has opined that no evidence of recent sexual assault was found on the patient. Moreover, from perusal of the F.I.R., it is apparent that entire allegation of kidnapping is against co-accused Krishna Kumar Pathak. Petitioner has got clean antecedent and is in custody since 15.07.2024. Chargesheet has been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail 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., Begusarai in connection with Teghra P.S. Case No. 221 of 2021. (Prabhat Kumar Singh, J) anay U T