Vijay Lal Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49004 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Vijay Lal Bhagat Son of late Yogendra Bhagat Resident of VillageKasipakri, P.S. Rajepur, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
This is an application for grant of bail for offences punishable under Sections 341, 342, 354-B, 376, 511 of the Indian Penal Code and Section 8/10 of the POCSO Act. Allegation against the petitioner is that he caught hold of the victim and tied her by Gamcha.
It has been submitted on behalf of the petitioner that from the very face value of the First Information Report, no offence is made out under Section 376 and he has been falsely implicated in this case due to existing land dispute.
Heard learned A.P.P. and learned Counsel, appearing on behalf of the informant. Learned counsel for the informant has
Patna High Court Cr.Misc. No.49004 of 2016 (2) dt.20-12-2016 2/2 submitted that now the petitioner has been declared as an offender and attachment order has also been passed and, therefore, the petitioner does not deserve to be enlarged on bail. Having heard both sides and in view of the facts and circumstances of the case, it is not a fit case for grant of anticipatory bail rather the petitioner is directed to surrender before the Court below within a period of four weeks from today and pray for bail, whose application may be considered by learned Court below after taking into consideration all facts and materials available on record, without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sunil/- U T