Vipul Kumar @ Bipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24097 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== VIPUL KUMAR @ BIPUL KUMAR SON OF NARESH RAY R/O VILLAGE- KIRATPUR RAJA RAM, P.S.- BHAGWANPUR, DISTRICTVAISHALI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Sinha, Adv For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-11-2021 Heard Shri Arvind Kumar Sinha, learned counsel appearing on behalf of the petitioner and Smt. Asha Devi, learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 167 of 2020 registered under Sections 457, 354(B), 379, 307, 504 and 506 of the Indian Penal Code. Prosecution case in brief is that the petitioner who is a co-villager assaulted with knife on the face of the wife and five years old son of the informant and further tried to outrage the modesty of his wife in the midst of night. On noise, the petitioner fled away after snatching mangalsutra of his wife.
Patna High Court CR. MISC. No.24097 of 2021(2) dt.24-11-2021 2/3 Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and there is rivalry between the parties and due to panchayat election he has been roped in the above mentioned case. Learned counsel further submits that petitioner is in custody since 02.01.2021 and he has got no criminal antecedent. Learned A.P.P., however, opposes the prayer for bail to the petitioner.
Considering the above mentioned facts, perusal of the F.I.R. and submission made on behalf of the petitioner, I am inclined to release the petitioner on bail. Let the petitioner above named, be released on bail upon furnishing the bail bond of Rs. 20,000 (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 167 of 2020 on subject to the conditions laid down hereunder:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the
Patna High Court CR. MISC. No.24097 of 2021(2) dt.24-11-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T