Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18356 of 2017 Arising Out of PS.Case No. -288 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Vicky Kumar, S/o Sri Ram Pravesh Singh, resident of Village Chaman Dih, Makhdumpur, Distt. Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ankit Katriar Mr. Ravi Kumar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 The petitioner is apprehending his arrest in connection with Makhdumpur P.S. Case No. 288 of 2016, registered for offences punishable under Sections 452, 323, 354, and 354(A) Indian Penal Code.

Allegation against the petitioner is that he tried to outrage the modesty of informant on the point of pistol and assaulted the father in law of the informant.

It has been submitted on behalf of the petitioner that all the allegations levelled against the petitioner is false and concocted. In fact, present case is the counterblast of the case filed by the petitioner's mother against informant and others, in which cognizance has been taken and only to save their skin from that case, the present false case has been filed. Petitioner happens to be

Patna High Court Cr.Misc. No.18356 of 2017 (2) dt.02-05-2017 2/3 an Army official.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that prior to filing of the present case, mother of the petitioner has already filed a case against the informant and others and petitioner has no criminal antecedent, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad in connection with Makhdumpur P.S. Case No. 288 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.18356 of 2017 (2) dt.02-05-2017 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

It is also made clear that if the petitioner again found involved in any of the such act, in future, prosecution will be free to move for cancellation of his bail bonds.

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