Patna High CourtCR. MISC./18576/2023bail granted

Vivek Kumar @ Aman Singh v. The State Of Bihar

2023-07-26Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18576 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- GAURICHAK District- Patna ====================================================== VIVEK KUMAR @ AMAN SINGH S/O LATE VISHWANATH SINGH R/O VILLAGE- ALAWALPUR, P.S- GAURICHAK, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 28.04.2022 in connection with Gaurichak P.S. Case No. 181/2021, F.I.R. dated 11.05.2021, for the offences punishable under Sections 363 and 366(A) of the IPC.

3. According to prosecution case, the petitioner is alleged to have kidnapped the daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the statement of the victim girl was recorded under Section 164 Cr.P.C. in which

Patna High Court CR. MISC. No.18576 of 2023(4) dt.26-07-2023 2/3 she has categorically stated that co-accused Amit Singh has committed rape upon her. She has not stated anything against the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 28.04.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, 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 the learned A.C.J.M.-VI, Patna City, in connection with Gaurichak P.S. Case No.181/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall

Patna High Court CR. MISC. No.18576 of 2023(4) dt.26-07-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage 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.

(Rajesh Kumar Verma, J) amit/- U T