Allowed

Pankaj Kumar v. The State Of Bihar

Patna HC11 Jan 2018CR. MISC./63699/2017

Case brief

AI extract

What is this about?

In a bail application arising from charges of kidnapping, the High Court noted that the victim was a major and volunteered to leave with the petitioner. The court enlarged the petitioner on bail on furnishing a bond with two sureties under Section 438(2) Cr.P.C.

What did the court decide?

Petitioner is enlarged on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount to the satisfaction of the learned A.C.J.M., Patna.

Pankaj Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63699 of 2017

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Arising Out of PS.Case No. -122 Year- 2017 Thana -KHUSRUPUR District- PATNA

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====================================================== Pankaj Kumar S/o Ranjeet Paswan, R/o Village- Devi Asthan Baikhtiyarpur, P.S.- Khusrupur, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 11-01-2018 Heard both sides.

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The petitioner apprehends his arrest in Khushrupur P.S. Case No.122 of 2017 registered under Sections 363, 366A of the Indian Penal Code.

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The mother of the victim alleged that the victim was sleeping with her in the night on 25.06.2017 but when she awoke up, she did not find her daughter. The informant further alleged that Pankaj Kumar, the petitioner, after hatching the conspiracy with his parents and other relatives kidnapped her minor daughter.

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The learned counsel for the petitioner submits that the victim is a major. Accordingly, she made her statement under Section 164 Cr.P.C., Annexure ‘2’ that her date of birth is 1.1.1999. The occurrence took place on 26.6.2017 and the victim

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Patna High Court Cr.Misc. No.63699 of 2017 (2) dt.11-01-2018

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2/2

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was more than 18 years on the date of occurrence. She stated in her statement under Section 164 Cr.P.C. that she voluntarily left her house to go along with Pankaj Kumar and she went to Surat. She wanted to marry with Pankaj Kumar.

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Considering the facts aforesaid that the victim herself disclosed that she voluntarily left her house and she went along with Pankaj Kumar, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged 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 A.C.J.M., Patnacity in connection with Khushrupur P.S. Case No.122 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Sanjeev/-

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U T

Pankaj Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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