High Court allowed bail to two petitioners accused under Section 366A/34 IPC. One released immediately; the other on release after charge framing. Conditions imposed.
Petitioner Pankaj Kumar released on bail; Rohit Kumar released on bail after framing of charge. Bail bonds and conditions imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65458 of 2019
Arising Out of PS. Case No.-231 Year-2019 Thana- WAJIRGANJ District- Gaya
====================================================== PANKAJ KUMAR, S/o Ramjee Paswan, R/o village - Murera, P.S. - Konch, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== with CRIMINAL MISCELLANEOUS No. 61972 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== ROHIT KUMAR, Son of Anil Vishvakarma Resident of Village - Khiri, P.S. - Wazirganj, Dist. - Gaya.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 65458 of 2019) For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP (In CRIMINAL MISCELLANEOUS No. 61972 of 2019) For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 03-12-2019
In Cr. Misc. No. 65458 of 2019
Heard learned counsel for the petitioners and learned
APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code.
The victim-girl in her statement, under Section 164 Cr.P.C., stated that co-accused Rohit caught her hand and took
Patna High Court CR. MISC. No.65458 of 2019(3) dt.03-12-2019 2/3
her to some distance when two unknown met Rohit. Thereafter, the victim does not remember where she was carried by the accused persons till her recovery.
Considering the fact that victim has not named this petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Wazirganj Police Station Case No. 231 of 2019.
In Cr. Misc. No. 61972 of 2019
The victim-girl in her statement, under Section 164 Cr.P.C., stated that petitioner caught her hand and took her to some distance when two unknown met the petitioner. Thereafter, the victim does not remember where she was carried by the accused persons till her recovery.
Submission is that the matter is of some previous love affairs between the two. The victim has not alleged anything more than her movement which was voluntary one.
Considering the fact that victim has named this petitioner, let the petitioner, above named, be released on bail, after framing of the charge against the petitioner , on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand)
Patna High Court CR. MISC. No.65458 of 2019(3) dt.03-12-2019 3/3
with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Wazirganj Police Station Case No. 231 of 2019.
(a) Both the petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.
(b) In both the cases both the bailors shall be resident
of the territorial jurisdiction of the learned court below.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioners are entitled to release on bail in the pending offences.
Whether the application can be allowed after framing of charges.
Pankaj Kumar
Rohit Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
