Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75055 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- NALANDA District- Nalanda ====================================================== Vikash Kumar Singh S/o Naresh Singh R/o Village- Dekpura, P.S. Rahui, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Nalanda P.S. Case No. 135 of 2018 registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Informant who is the father of the victim has stated that her daughter had gone outside in the market but thereafter did not return, even after much search she could not be found as such the case was instituted after three days on 06.09.2018. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The statement of the victim has been recorded under Section 164 of

Patna High Court Cr.Misc. No.75055 of 2018(2) dt.14-12-2018 2/2 Cr.P.C. in which she has stated that one Santosh Kumar took him on his motorcycle and dropped him at the residence of petitioner Vikash Kumar Singh, where she remained five days. She has refused her medical examination. Petitioner has no criminal antecedent and is in custody since 20.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif, in connection with Nalanda P.S. Case No. 135 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Rajiv/- U T