Vikki Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31761 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Vikki Kumar @ Rohit Kumar Son of Madan Kumar Resident of VillageAdalatganj,Police Station-Kotwali, District-Patna. 2.

Aman Kumar @ Sonu Kumar Son of Manoj Kumar @ Manoj Ram Resident of Village-Adalatganj,Police Station-Kotwali, District-Patna. ... ... Petitioners

Versus

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

For the Petitioners : Mr.Tej Narayan Singh, Advocate For the Opposite Party : Mr.Brajendra Nath Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners, learned counsel for the State and perused the case diary. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 354, 506, 504/34 of the Indian Penal Code and under Section 8/12 of the POCSO Act. Petitioners are alleged to have in the habit of making dirty comments upon informant's daughter and while doing so they caught her hand when she was on way to her school. On protest by the informant, the petitioners and their family members entered into her house and assaulted the family members.

Learned counsel for the petitioners submits that the petitioners, who are students having no criminal antecedent, have falsely been implicated in this case along with their other family members as no such occurrence had been taken place with the daughter of the informant. He submits that in fact the informant and her husband run business of illegal wine which has been protested by lodging a case (Annexure 2) by father of

Patna High Court CR. MISC. No.31761 of 2019(3) dt.23-07-2019 2/2 petitioner no.2 against the informant's husband. Similarly situated co-accused Madan Kumar, Meena Devi, Hemlata Devi, Soni Devi and Guriya Devi have already been allowed bail by a bench of this Court by order dated 15.5.2019, passed in Cr.Mis.No. 29912 of 2019.

Considering the facts of the case, let both the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I cum Special Judge (POCSO), Patna in Mahila Police Station Case No. 143 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) Shashi U T