Pankaj Kumar vs The State Of Bihar
2021 Latest Caselaw 688 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37579 of 2020
  Arising Out of PS Case No.-237 Year-2016 Thana- PHULWARISHARIF District- Patna
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Pankaj Kumar, aged about 24 years, Male, Son of Nageshwar Yadav @ Naga Yadav, Resident of Laxmanpur, PS- Ara (Muffasil), District- Bhojpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate For the State : Mr. Sailendra Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Subodh Kumar Jha, learned counsel for the

petitioner and Mr. Sailendra Kumar No. 1, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Phulwarisharif (Janipur) PS Case No.237 of 2016 dated

20.04.2016, instituted under Sections 366(A)/34 of the Indian

Penal Code.

3. This is the 4th attempt for bail by the petitioner as

earlier such prayer was rejected vide order dated 04.10.2016 in Cr.

Misc. No. 40628 of 2016; order dated 31.01.2018 in Cr. Misc. No. Patna High Court CR. MISC. No.37579 of 2020 dt.05-02-2021

1740 of 2018 and order dated 20.02.2019 in Cr. Misc. No. 78154

of 2018.

4. Learned counsel for the petitioner submitted that

though as per the FIR, the petitioner along with others had

kidnapped the 12 years old daughter of the informant, but the very

next day, she was recovered and has recorded a statement before

the Court under Section 164 of the Criminal Procedure Code, 1973

in which she has clearly indicated that the petitioner did not

commit any wrong with her and further the petitioner had

promised to marry her and she had also agreed but then it is said

that she cannot marry him as he belonged to a different caste.

Learned counsel submitted that there is no allegation of any

wrongdoing and the petitioner having no criminal antecedent is in

custody since 23.04.2016.

5. Learned APP submitted that the informant had alleged

kidnapping of his minor granddaughter. However, he did not

controvert that the girl has not alleged any wrongdoing against

him.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like Patna High Court CR. MISC. No.37579 of 2020 dt.05-02-2021

amount each to the satisfaction of the learned Additional Session

Judge, XIIIth, Patna in Phulwari Sharif (Janipur) PS Case No.237

of 2016, subject to the conditions (i) that one of the bailors shall be

a close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner and (iii) that the petitioner shall cooperate in the case.

Failure to cooperate shall lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T