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Patna High CourtCR. MISC./20862/2016bail granted

Vikas Kumar @ Bikash Kumar v. The State Of Bihar

2016-05-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20862 of 2016 (2) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20862 of 2016 Arising Out of PS.Case No. -171 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Vikas Kumar @ Bikash Kumar S/o- Late Ajay Prasad, R/o- Kurkuri, P.S.- Phulwarisharif, Distt.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 457, 354A and 354 of the Indian Penal Code.

The petitioner is named in the First Information Report that he, having entered into the house of the informant, made attempt to outrage her modesty but he was caught by the family members of the informant and subsequently, handed over to the police on 17.03.2016.

Learned counsel appearing on behalf of the petitioner submits that the informant was in love with the petitioner since six months but the father of the informant

Patna High Court Cr.Misc. No.20862 of 2016 (2) dt.19-05-2016 opposed the aforesaid relation and got instituted this false case and, as a matter of fact, the informant did not lodge the present case, which fortify by this fact that when the petitioner was sent to jail, the informant committed suicide on the same day for which Phulwarisharif (Janipur) P.S.Case No. 172 of 2016 was lodged and in the aforesaid case, the father of the informant admitted the story of love affair of the petitioner as well as the victim.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Smt. Shema Eram, Judicial Magistrate 1st Class, Patna in connection with Phulwarisharif (Janipur) P.S.Case No. 171 of 2016. (Hemant Kumar Srivastava, J.) Amit/- U T