Vikky Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28183 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- HABIBPUR District- Bhagalpur ====================================================== VIKKY KUMAR @ VIKASH KUMAR Son of Raju Das Resident of Village - Kasimbag, P.S. - Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Sections 323, 341, 307, 354(B), 504, 506 of I.P.C. and Sections 8, 12 of POCSO Act.

Prosecution case, in short, is that the petitioner came to the house of the informant and abused her and pulled her

Patna High Court CR. MISC. No.28183 of 2020(2) dt.02-11-2020 2/2 daughter and tried to molest her. When the informant's son came and protested, the petitioner assaulted him with lathi and danda, due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.5.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. The injuries on the side of the accused have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of First Additional Sessions Judge-cum-Special Judge, POSCO Act, Bhagalpur in connection with Habibpur P.S. case No.66 of 2020. Narendra/- (Sudhir Singh, J) U T