Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6679 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== Vijay Kumar Son Of Muni Sah R/O Village- Tuningganj, P.S.- Krishna Brahm, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 365, 366, 367, 368, 370, 342 and 376(D) and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

As per the prosecution case, allegation against the petitioner and other co-accused is of establishing physical relationship on account of marriage with the victim. Learned counsel for the petitioner submits that from perusal of statement of victim girl under Section 164 Cr.P.C., it appears that there is no allegation at all against the petitioner. It

Patna High Court CR. MISC. No.6679 of 2022(3) dt.27-07-2022 2/2 is further submitted that in the said statement he has not named the petitioner and thereafter she has allegedly given altogether a different story. Further, it is submitted that the petitioner has no concern with the named accused persons and Anita dancer. The petitioner is in custody since 22.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar in connection with Buxar Mahila P.S. Case No. 55 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T