Patna High CourtCR. MISC./12816/2021bail granted

Vikash Kumar v. The State Of Bihar

2021-08-25Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.12816 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== VIKASH KUMAR S/o Chhote Das R/o Village- Bhandari, P.S.- Belsand, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Belsand P.S. Case No.32/2020 registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that as per the Adhar Card of the informant's daughter she is major and further she has made her statement under Section 164 Cr.P.C. that on being tortured by her family members she had gone in the company of the petitioner and had solemnized marriage with him. Out of the wedlock, they have a child also.

Learned counsel for the petitioner confirms that the victim has given birth to a child.

The petitioner is in custody since 02.12.2020 and

Patna High Court CR. MISC. No.12816 of 2021(3) dt.25-08-2021 2/2 investigation against him is complete.

Learned APP for the State has, after going through the case diary, not disputed the above submission of learned counsel for the petitioner.

In the facts and circumstances stated above and after noticing that the F.I.R. itself has been lodged after 15 days without there being any reasonable explanation, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Sitamarhi in connection with Belsand P.S. Case No.32/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.