Vikash Kumar @ Vikko v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM OFFICIAL CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.25414 of 2021 Arising Out of PS. Case No.-425 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== VIKASH KUMAR @ VIKKO SON OF LATE RAM VILASH HARIJAN @ RAM VILASH MEHTAR R/O VILLAGE- NAYA TOLA, WARD NO. 23, NAUGACHIA, P.S.- NAUGACHIA, DIST.- BHAGALPUR ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Kotwali (Barari) P.S. Case No. 425 of 2019 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. He is in custody since 28.12.2020.
Learned counsel for the petitioner submits that in this case the victim girl has made statement under Section 164 Cr.P.C. that she was having a love affair with the petitioner and
Patna High Court CR. MISC. No.25414 of 2021(2) dt.21-09-2021 2/3 her parents wanted to marry her with an old age person. She had herself left the house and had solemnized marriage with the petitioner.
Learned counsel further submits that there was also a panchayati in the village whereafter the victim girl and the petitioner started living together and they were having a conjugal life and the victim has given birth to a male child whereupon even the informant who is the mother of the victim girl has made statement that now there is an amicable relationship between the two families and she does not want to pursue this case and she wants a happy conjugal life between the petitioner and her daughter.
Learned APP for the State has though opposed the prayer for bail of the petitioner but given the facts of the case, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 425 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage
Patna High Court CR. MISC. No.25414 of 2021(2) dt.21-09-2021 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.