Vikki Singh @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4617 of 2020 Arising Out of PS. Case No.-393 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== VIKKI SINGH @ VIKKI KUMAR S/o Late Mokhtar Singh Resident of Village- Paniyadih Fulwariya Tola, P.S.- Bhagwanpur Hat, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-05-2020 Heard learned counsel for the parties.

2.This application for regular bail arises out of Basantpur P.S. Case No. 393 of 2019, disclosing offences punishable under Sections 363,364 and 264A of the Indian Penal Code.

The First Information Report was lodged against unknown by the father of the victim. The victim is a minor whose statement has been recorded under Section 164 of the Code of Criminal Procedure, a copy of which has been brought on record by way of Annexure P/2 to this application. With reference to the said statement of the victim recorded under Section 164 of the Cr.P.C, learned counsel for the petitioner has submitted that the victim did not name the present petitioner and

Patna High Court CR. MISC. No.4617 of 2020(3) dt.28-05-2020 2/2 he named rather his uncle Manjit Kumar as the perpetrator of the crime. She contends that the petitioner's name has surfaced on the basis of confessional statement of co-accused Manjit Kumar, who has been allowed regular bail by this Court by an order dated 18.01.2020 passed in Cr. Misc. No. 2988 of 2020. The petitioner is in custody since 25.10.2019. Learned Additional Public Prosecutor, appearing on behalf of the State has opposed the prayer for bail. However, considering the above noted submission made on behalf of the petitioner, particularly the fact that the petitioner's name was not revealed by the victim and co-accused Manjit Kumar has been allowed regular bail by this Court, this application 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 Chief Judicial Magistrate, Siwan in Basantpur P.S. Case no. 393 of 2019.

(Chakradhari Sharan Singh, J) arun/- U