Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28378 of 2018 Arising Out of PS. Case No.-490 Year-2015 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vikash Kumar S/o Ram Utim Sah @ Ram Uchit Sah, R/o Vill.- Bagwara, P.S.- Muffasil (Singhaul O.P.), District- Begusarai ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Muffasil (Singhaul O.P.) P.S. Case No. 490 of 2015 instituted for the offence under Section 366A/34 of the Indian Penal Code.

Counsel for the petitioner submits that one of the accused, Vikki Kumar, has already been granted anticipatory bail by this Court on 24.04.2018 in Cr. Misc. No. 15161 of 2018. The victim-girl in her statement under Section 164 of the Criminal Procedure Code stated that she had gone voluntarily with this petitioner and Vikky Kumar to Bangalore and stayed there for five days. She had gone with them without informing her parents.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.28378 of 2018(2) dt.23-05-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Muffasil (Singhaul O.P.) P.S. Case No. 490 of 2015 he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Begusarai, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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.