Vikas Kumar Yadav @ Vikas Yadav @ Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13145 of 2020 Arising Out of PS. Case No.-456 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== VIKAS KUMAR YADAV @ VIKAS YADAV @ KUMAR Son of Shyam Kumar Yadav Resident of Village - Baiju Tola Colgong Ward No.-1, Kahalgaon, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-07-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in jail custody since 6.11.2019 in connection with Kahalgaon P.S. Case No. 456 of 2019 registered for the offences punishable under Sections 376, 511 and 323 of the Indian Penal Code and Section 8 of POCSO Act. Submission on behalf of the petitioner is that one coaccused having similar allegation has already been granted privilege of bail by a Coordinate Bench of this Court vide order dated 15.6.2020 passed in Cr. Misc. No. 14301 of 2020. Petitioner along with two others is said to have made attempt to outrage the modesty of informant and her sister and in that course, the petitioner and his associates removed the

Patna High Court CR. MISC. No.13145 of 2020(3) dt.09-07-2020 2/2 clothes of the informant as well as her sister. The investigation of the case has already been completed and, admittedly, one co-accused having similar allegation has already been granted bail by a coordinate Bench of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judgecum-Special Judge, POCSO Act, Bhagalpur in connection with Kahalgaon P.S. Case No. 456 of 2019.

However, it is made clear that if the petitioner makes any attempt to terrorise the prosecution witnesses, the prosecution may file petition for cancellation of bail of the petitioner before the concerned court and if prosecution does so, the concerned Court shall consider the prayer of the prosecution and shall pass appropriate order after due and proper inquiry. (Hemant Kumar Srivastava, J) Spd/- U T