Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49382 of 2016 Arising Out of PS.Case No. -367 Year- 2016 Thana -KADAMKUAN District- PATNA ====================================================== Bikram Kumar, son of Vijay Yadav, resident of village Naudhia, P.S. Wazirganj, District Gaya, at present residing at Mohalla Bazar Samitee (Bahadurpur), P.S. Bahadurpur, District Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh with Mr. Ajay Kumar Sinha and Mr. Manoj Kumar Sinha, Advocates For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kadamkuan P.S.Case No. 367 of 2016 registered for the offences punishable under Sections 363, 365, 376/34 of the Indian Penal Code, Sections 4/5 of POCSO Act and Section 6 of I.T. Act. It has been submitted on behalf of the petitioner that whatever allegation made in the FIR is against one Sonu Kumar and the allegation against the petitioner is only that he helped Sonu Kumar in kidnapping the victim girl and the victim girl was recovered. It has further been submitted that the petitioner has no criminal antecedent and he has remained in custody for more than four months.

Heard learned APP also.

Patna High Court Cr.Misc. No.49382 of 2016 (5) dt.02-02-2017 2/2 Having heard both sides and considering the fact that allegation against the petitioner is only for conspiring with Sonu Kumar and the petitioner has remained in custody for more than four months, let the petitioner, Bikram Kumar, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 1st -cum-Special Judge of POCSO Act, Patna, in connection with Kadamkuan P.S.Case No. 376 of 2016, subject to the conditions that both the bailors should be the relatives of the petitioner having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioner will co-operate in the trial and make himself available before the court as and when required and in the event of failure on his part to appear before the court on two consecutive dates, except showing some genuine ground, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U