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Patna High CourtCR. MISC./24503/2022bail granted

Vicky Kumar @ Vicky Singh @ Vicky @ Bikram Kumar @ Bikram Singh v. The State Of Bihar

2022-08-08Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24503 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== Vicky Kumar @ Vicky Singh @ Vicky @ Bikram Kumar @ Bikram Singh Son of Vijay Singh @ Vijay Kumar Singh Resident of Village - Parwati, P.s.- Kashichak, Distt.- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Giriyak (Katrisarai) P.S. Case No. 71 of 2021 under sections 366 and 366(A) of the Indian Penal Code.

As per the prosecution story, it has been alleged that Nandani Kumari went to market whereafter the accused persons including the petitioner herein kidnapped her. As her phone was found switched off, the informant had no option but to lodge this FIR. Subsequently, the victim girl was recovered and she made a statement under section 164 of the Cr.P.C. in

Patna High Court CR. MISC. No.24503 of 2022(2) dt.08-08-2022 2/3 which her age has been recorded as 19 years and she has made categorically statement that she left home on her own, met the petitioner herein namely Bikram (Vicky Singh). Later they married in Hazaribagh. It has further been stated by her that she wants to remain with the petitioner herein.

Taking into account the aforesaid facts including the fact that he is in custody since 21.10.2021 (as stated in para18 of the bail application), charge-sheet stands submitted and the victim girl has not supported the FIR lodged by her parents, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Nalanda, in connection with Giriyak (Katrisarai) P.S. Case No. 71 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of

Patna High Court CR. MISC. No.24503 of 2022(2) dt.08-08-2022 3/3 bail by the Trial Court itself;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T