Patna High CourtCR. APP (SJ)/3376/2017allowed

Vikash Kumar v. The State Of Bihar

2017-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3376 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -GOPALPUR District- PATNA ====================================================== Vikash Kumar aged about 22 years, Son of Narendra Rai @ Nagendra Rai, Resident of Village- Abdullah Chak Bairiya, P.O.- Bairiya, P.S.- Gopalpur, District- Patna.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Ranjit Prasad For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2017 Earlier prayer for bail of the appellant has been rejected in Cr.Appeal(SJ) No. 2637 of 2017, vide order dated 18.10.2017 with an observation to renew his prayer after framing of charge and, accordingly, the present appeal has been filed. Submission of learned counsel for the appellant is that now charge has been framed and he is in custody for about five months. Further submission is that there is no allegation of commission of rape, rather he tried to outrage her modesty. Heard learned Special P.P. also.

In the facts and circumstances, the appeal is allowed and the impugned order dated 24.7.2017 is set aside. Let the appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand)

Patna High Court CR. APP (SJ) No.3376 of 2017 (3) dt.20-12-2017 2/2 with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-I-cum-Special Judge, POCSO Act, Patna, in connection with Special Case (POCSO) No. 98 of 2017, arising out of Gopalpur P.S.case No. 93 of 2017, subject to the conditions that (1) one of the bailors shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and (2) appellant shall cooperate in trial and appear in court on each and every date, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U