Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40792 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Vikas Kumar, Son of Raghunandan Yadav, Resident of Village- Sabalpur, Post Office and Police Station- Fatehpur, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-09-2016 Heard Sri Amrendra Nath Verma, learned counsel, who was assisted by Sri Jitendra Kumar, learned counsel for the petitioner and Sri Tapeshwar Sharma, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 23.07.2016 in Mahila P.S. Case No.05 of 2016 ( POCSO Case no.06 of 2016) registered for the offence under Section 354(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act, has prayed for grant of bail.

Learned counsel for the petitioner has drawn my attention to the order of the Special Judge, whereby the prayer for bail of the petitioner was rejected. He submits that the learned Special Judge after perusing the case diary had noticed that there

Patna High Court Cr.Misc. No.40792 of 2016 (3) dt.30-09-2016 2/2 was land dispute in between the parties and due to animosity the petitioner was made accused, even then the prayer for bail of the petitioner was rejected.

Besides hearing learned counsel for the parties, I have perused the material on record including the order of the learned Special Judge. After going through the same, the Court is satisfied that it is a fit case for extending the privilege of bail. Let the petitioner, namely, Vikas Kumar 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 learned Addl. District & Sessions Judge-1st cum- Special Judge( POCSO Act), Gaya in connection with Mahila P.S.Case No.05/2016( POCSO Case No.06 of 2016).

(Rakesh Kumar, J) NKS/- U T