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Patna High Court - Orders

Pankaj Kumar vs The State Of Bihar on 2 March, 2015

Author: Amaresh Kumar Lal

Bench: Amaresh Kumar Lal

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.7078 of 2015
                  Arising Out of P. S. Case No. -271 Year- 2012 Thana -KAHALGAON District-
                                                  BHAGALPUR
                 ======================================================
                 Pankaj Kumar Son of Ghanshyam Mandal Resident of village - Rampur,
                 P.S. Shivnarayanpur, District - Bhagalpur

                                                                        .... ....   Petitioner
                                                  Versus
                 The State of Bihar                            .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Ranjan Kumar Jha, Adv.
                 For the Opposite Party/s : Mr. C. Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
                                            ORAL ORDER

2   02-03-2015

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 376 (2)(g), 448, 341, 323, 504, 379/34 of IPC.

It is submitted that allegation of committing rape has been alleged by the informant against the petitioner, Prem Kumar and Ratna Paswan @ Ratan Paswan, whereas, the allegation of committing rape upon the sister of the informant, has been made against Agaya Nand Baba but the case diary shows that on the next morning the informant and her sister have been medically examined by the doctor but no sign of rape has been found. In similar facts and circumstances, co-accused Agaya Nand @ Patna High Court Cr.Misc. No.7078 of 2015 (2) dt.02-03-2015 2/2 Swami Agya Nand Baba @ Mantoo Baba and Ratna Paswan @ Ratan Paswan have been granted bail vide Annexure- 4 series. The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/court concerned in Kahalgaon P. S. Case No. 271 of 2012, G. R. Case No. 2268 of 2012, G. R. Case No. 2268/12(B) with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/-

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