Bikram Kumar @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37238 of 2020 Arising Out of PS. Case No.-789 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Bikram Kumar @ Vikram Kumar, Son of Girdhar Poddar, Resident of Village - Chakla, Ward no.13, P.S.- and Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with POCSO Case No.45 of 2019, arising out of Madhepura P.S. Case No.789 of 2019, for the offence punishable under Sections 341, 354(B), 379, 504, 506/34 of the Indian Penal Code and Section 12 of the POCSO Act, 2012.
Two persons have allegedly taken away the Dupatta and misbehaved with the minor daughter of the informant. Counsel for the petitioner submits that the prosecution is a counterblast to Complaint Case No.539 of 2019 lodged by the petitioner against the informant. Further submission is that even as per the prosecution case, which has been supported in course of investigation, the allegation of misbehaving with the
Patna High Court CR. MISC. No.37238 of 2020(2) dt.02-02-2021 2/3 daughter of the informant is on co-accused Chhotu Kumar. Petitioner bears a clean past and is in jail custody since 18.09.2020 and it is asserted that the victim girl is at least 19 years old.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Judge, POCSO, Madhepura, in connection with POCSO Case No.45 of 2019, arising out of Madhepura P.S. Case No.789 of 2019, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.
The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,
Patna High Court CR. MISC. No.37238 of 2020(2) dt.02-02-2021 3/3 his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T