Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80955 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== PANKAJ KUMAR Son of Late Dwarka Prasad Sah Resident of Choti Pahari, Agam Kuan, P.S.- Agam Kuan, District- Patna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar, Advocate.

Mr. Saket Gupta, Advocate.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 376(D) of the Indian Penal Code.

Informant alleges that the petitioner ravished her in a hotel. F.I.R. was lodged after 54 days of the occurrence. While calling for case diary, a co-ordinate Bench of this Court vide order dated 10.12.2019 recorded as follows:- "It has been submitted on behalf of the petitioner that on may earlier occasions, the prosecutrix has lodged similar nature of cases against one Nityanand Sharma and his associates. In this instance, the petitioner has been made accused at the instance of the prosecutrix because he is also one of the associates of aforesaid Nityanand Sharma. The petitioner

Patna High Court CR. MISC. No.80955 of 2019(3) dt.16-03-2020 2/2 is associated with an investment company of aforesaid Nityanand Sharma."

Petitioner is in custody since 27.09.2019. Investigation of the case is already complete. Considering the background of the allegation which creates doubt on the prosecution version for the purpose of consideration of prayer for bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mahila P.S. Case No. 103 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T