Allowed

Pankaj Kumar v. The State of Bihar

Patna HC2 Aug 2019CR. MISC./24584/2019

Case brief

AI extract

What is this about?

This oral order grants bail to the petitioner arrested for offences under Sections 363, 366A, and 34 IPC. The High Court allowed the release on bail due to the petitioner and victim performing marriage post-allegance and medical board finding no rape.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000/- and two sureties of the like amount, subject to conditions that bailors are close relatives.

Pankaj Kumar Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24584 of 2019

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Arising Out of PS. Case No.-273 Year-2018 Thana- UJIYARPUR District- Samastipur

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======================================================

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PANKAJ KUMAR Son of Bhag Narayan Ray Resident of Village - Saidpur Jahid, P.S.- Ujiyarpur, Distt.- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Sinha For the Opposite Party/s : Mr.Mukesh Kumar Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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6 02-08-2019 Heard the learned counsel for the petitioner, informant

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and the learned A.P.P. for the State.

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The petitioner seeks bail in S.Tr. No. 100/2019, arising out of Ujiarpur P.S. Case No. 273/2018, instituted for offence under Section(s) 363, 366A, 34 of the Indian Penal Code.

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It is alleged in the written report that on the date of occurrence daughter of informant had gone for call of nature, but she did not return. During course of search informant learnt that petitioner has forcibly taken her daughter on motorcycle.

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Statement of victim has been recorded under Section 164 Cr.P.C., wherein she has stated that she had gone with this petitioner. The petitioner put pressure on her for performing marriage. She has further stated that petitioner took her in a

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Patna High Court CR. MISC. No.24584 of 2019(6) dt.02-08-2019 2/2

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village and established physical relation with her.

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Learned counsel for the petitioner has submitted that subsequently petitioner and daughter of informant have performed marriage. The copy of affidavit is annexed as Annexure-2.

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It is further submitted that medical board has assessed the age of victim to be 19 years. Doctor has found no sign of rape.

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Petitioner is in custody since 17.11.2018.

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Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Sessions Judge, Samastipur, in connection with S.Tr. No. 100/2019, arising out of Ujiarpur P.S. Case No. 273/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

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(Sanjay Priya, J)

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rakhi/-

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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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