Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5993 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Pankaj Kumar Singh S/O Gupteshwar Singh Resident of Ekauna, PS. Badahara, Dist. Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar, Adv.
For the Opposite Party/s :
Ms.Asha Devi, APP For the Informant :
Mr. Rabindra Kumar Tiwary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State as also counsel for the Informant.
2. The petitioner seeks bail in connection with Nawanagar P.S. Case No. 336 of 2023 instituted for the offences under Sections 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.
3. The allegation against the accused persons including the petitioner is of kidnapping the minor daughter of the Informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5993 of 2024(3) dt.22-04-2024 2/3 petitioner and the Informant are distant relatives and the daughter of the Informant is engaged in love affairs with the petitioner. He further submits that the petitioner has not kidnapped the victim girl rather she, on her own sweet will, has left her home with the petitioner. He further submits that the marriage of the petitioner and the victim girl has been fixed next year when the victim girl would attend the age of maturity i.e. 18 years. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is delay of three days in lodging the F.I.R. The petitioner is languishing in judicial custody since 19.10.2023.
5. On the other hand, the learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
6. Learned counsel for the Informant has filed counter affidavit wherein in Para-4, she has stated that her daughter has left the house with the petitioner on her own will and the petitioner has not kidnapped her. It has also been stated in Para-5 thereof that the marriage of her daughter has been fixed with the petitioner which will be held after she attains majority.
7. A joint petition by way of I.A. No. 1 of 2024 has also been filed on behalf of both the parties wherein in Para-4, it
Patna High Court CR. MISC. No.5993 of 2024(3) dt.22-04-2024 3/3 has been submitted that during pendency of the case, the petitioner will perform marriage with the daughter of the Informant as per their mutual consent and blessings and will undertake to take care of the victim girl with dignity and honour.
8. Considering the entire facts and circumstances of the case as also taking into account the statements made in I.A. No.1 of 2024/Joint Petition, let the petitioner, abovenamed, 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 below/concerned Court in connection with Nawanagar P.S. Case No. 336 of 2023.
9. Accordingly, the bail petition stands disposed of. I.A. No. 1 of 2024 also stands disposed of.
(Rudra Prakash Mishra, J) rishi/- U T