Pankaj Singh @ Pankaj Kumar Singh vs The State Of Bihar on 22 May, 2015

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Patna High Court - Orders

Pankaj Singh @ Pankaj Kumar Singh vs The State Of Bihar on 22 May, 2015

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.14591 of 2015
                       Arising Out of PS.Case No. -243 Year- 2014 Thana -MOHIUDDIN NAGAR District-
                                                        SAMASTIPUR
                 ======================================================
                 1. Pankaj Singh @ Pankaj Kumar Singh S/o Vijay Singh R/o Village-
                    Badki Beri, P.s- Mohanpur, District- Samastipur.
                                                                          .... .... Petitioner
                                                 Versus
                 1. The State of Bihar
                                                                     .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :   Mr. Ajay Kumar Singh
                 For the Opposite Party :   Mr. Sadanand Paswan (Spl.App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                   ORAL ORDER

3   22-05-2015

Petitioner is languishing in custody since 13.11.2014 in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 3(XI(XII) of the SC & ST (Prevention of Atrocities) Act.

It is alleged by the informant that her fifteen years old daughter went to take vegetables from the market on 02.11.2014 but she did not return. Subsequently the informant came to know that she has been kidnapped by this petitioner and kept in the house of Munna Mahto.

It is submitted by learned counsel for the petitioner that it was a love affair between the petitioner and the victim. The victim in her 164 Cr.P.C has stated that initially she was kept and forced to sit in the motorcycle which was being driven by Munna Mahto. Subsequently Munna Mahto went to his home and she was taken to the house of the petitioner on 02.11.2014 and thereafter on 12.11.2014 she was Patna High Court Cr.Misc. No.14591 of 2015 (3) dt.22-05-2015 2/2 recovered by the police from the house of the petitioner. The witnesses during investigation have also supported this fact that petitioner had love affair with the victim and petitioner used to visit the house of the informant since last one year. The medical opinion does not suggest any external or internal injury and the doctor has opined that the victim was used to sexual activities and the age of the victim has been assessed between 15-16 years.

Learned A.P.P, after going through the case diary does not controvert this fact that witnesses have suggested about the relationship between the petitioner and the victim since long.

A statement has been mad in para 3 of the petition that petitioner has no criminal antecedent and the investigation has already concluded.

Considering the aforesaid facts, let the petitioner, above named, 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 Additional District & Sessions Judge-III, Samastipur in connection with Sessions Trial No. 63 of 2015, arising out of Mohiuddinnagar P.S. Case No. 243 of 2014.

(Dinesh Kumar Singh, J) Shageer/-

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Patna High Court - Orders