Vikash Sharma @ Bikas Sarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.552 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Vikash Sharma @ Bikas Sarma Son of Laljee Sharma @ Laljeeth Sharma 2.

Shreemati Devi Wife of Raju Sharma 3.

Raju Sharma Son of Dinesh Sharma All are residents of Village - Ganga Chhapar, P.S. - Vijayeepur, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 363/366(A) of the Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. It has further been submitted that in statement recorded under section 164 of Cr.P.C., the victim girl has stated that she herself fled away to Delhi with petitioner no.1, namely, Vikash Sharma and she has not alleged any allegation against the petitioners. It has further been submitted that the victim girl was medically examined in which the doctor has not found any sign of sexual

Patna High Court CR. MISC. No.552 of 2020(2) dt.18-02-2020 2/2 intercourse and sexual assault. It has further been submitted that as per medical report, the age of victim girl has assessed as 19 to 21 years old. The petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Vijayeepur P.S. Case No. 164 of 2019 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T