Vikky Das @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1844 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== Vikky Das @ Vikky Kumar Son of Amal Das @ Amal Kumar Das Resident of Village - Bishanpur Jichcho, Police Station - Lodipur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

28-05-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in POCSO Case No. 51 of 2019 (arising out of Sabour P.S. Case No. 136 of 2019) registered for the offence under Section 376(D) of the Indian Penal Code and Sections 3 & 4 of POCSO Act.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. It is further submitted that F.I.R. has been lodged after lapse of 15 days and on perusal of medical report, it appears that girl is major and there is no sign of rape. It is further submitted that co-accused Suraj Das has already been granted bail by this Court, vide order dated 18-12-2019 passed in Cr.Misc. No. 68280 of 2019 (Annexure - 2). Petitioner is in custody since 06-05-2019.

Patna High Court CR. MISC. No.1844 of 2020(4) dt.28-05-2020 2/2 Considering the aforesaid facts and circumstances, let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act), Bhagalpur in connection with POCSO Case No. 51 of 2019 (arising out of Sabour P.S. Case No. 136 of 2019) on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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.) anay U T