Patna High CourtCR. MISC./36507/2016disposed

Vikash Kumar Singh @ Vikky @ Vicky v. The State Of Bihar

2016-11-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36507 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Vikash Kumar Singh @ Vikky @ Vicky Son of Sri Pramod Kumar Singh Resident of village - Binji, Police Station Korha, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2016 Heard the parties.

Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 11.12.2015 passed in Cr. Misc. No. 54809 of 2015 and the report of learned trial court goes to show that up till now charge could not be framed against the petitioner because prosecution filed a petition to frame charge under section 4 of POCSO Act and, allegedly, petitioner delayed the matter because he did not file rejoinder to the petition of the prosecution in time. However, it is informed that petition of the prosecution has already been allowed and the concerned court has directed to frame charge for the offence of POCSO Act. Petitioner is in jail custody since 30.07.2015 and the statement of victim recorded under section 164 of the Cr.P.C goes to show that she

Patna High Court Cr.Misc. No.36507 of 2016 (3) dt.16-11-2016 2/2 was brought Kolkata from Ludhiana by the petitioner himself and, thereafter, it appears that she was produced before the police either by petitioner or his family members.

Taking note of the aforesaid facts as well as period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail by the trial court in connection with Korha P.S.case No. 88 of 2015 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount subject to the condition that the bail bonds of the petitioner shall be accepted by the trial court after framing of charge.

(Hemant Kumar Srivastava, J) N.K/- U T