Vikash Kumar @ Vikash Kumar Giri@ Vikas Kumar Giri @ Vikas Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17973 of 2021 Arising Out of PS. Case No.-236 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== VIKASH KUMAR @ VIKASH KUMAR GIRI@ VIKAS KUMAR GIRI @ VIKAS KUMAR GIRI Son of Kailash Giri Resident of Salkhanni, P.S.- Singhiya Ghat, District- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Ashok Kumar Mishra, learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Bibhutipur P.S. Case No. 236 of 2020 dated 16.08.2020 instituted for the offences under Sections 447, 504, 506, 354(B) and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The petitioner is alleged to have eve-teased the daughter of the informant. When a Panchayati was convened at the instance of the informant, the petitioner is then alleged to have gone to the house of the informant in a drunken state and had displayed abusive behaviour.
Learned counsel for the petitioner has
Patna High Court CR. MISC. No.17973 of 2021(2) dt.07-01-2022 2/2 submitted that from the accusation made in the FIR, it cannot be gathered as to how and when the petitioner had eve-teased the daughter of the informant. Apart from this, it has been submitted that there is a dispute between the two families with respect to property.
Considering the vague nature of accusation and the settlement between the parties, the informant has decided not to prosecute the petitioner and others any further in this case.
For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Court, POCSO Act, Samastipur in connection with Bibhutipur P.S. Case No. 236 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T