Vikram Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34900 of 2017 (2) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34900 of 2017 Arising Out of PS.Case No. -319 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ====================================================== Vikram Kumar S/o Sankar Lal Paswan, Resident of Village- Bhergarha, P.S.- Sakra, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks bail in connection with Sakara P.S. Case No. 319 of 2016 registered for offences punishable under sections 341, 323, 376, 511, 504/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused is of committing rape upon the informant. Learned counsel for the petitioner submitted that there is a case and counter case between the parties and the sister of the petitioner has also lodged a case against the informant and others. It has been further submitted that other similar situated co-accused namely, Jagarnath Paswan has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.03.2017 passed in Criminal Misc. No. 10402 of 2017. It has further been submitted that the petitioner is in custody for more than two months.

Patna High Court Cr.Misc. No.34900 of 2017 (2) dt.03-08-2017 Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Cum-Sub-Judge, 13th, Muzaffarpur, in connection with Sakra P.S. Case No. 319 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not adduce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) veena/- U T