Patna High CourtCR. APP (SJ)/2612/2017allowed

Vijay Kumar Thakur v. The State Of Bihar

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2612 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -SARSI District- PURNIA ====================================================== Vijay Kumar Thakur, Son of Chandeshwar Thakur, resident of VillageChampawati, P.S.-Sarsi, District-Purnia. .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Manoj Kumar Jha For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection with Sarsi P.S. Case No. 64 of 2017, registered for the offences punishable under Sections 376/511 of the Indian Penal Code and 3(i)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 9.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Purnea.

Allegation against the appellant is of attempting to commit rape upon the informant.

Submission of learned counsel for the appellant is that he has falsely been implicated in this case and the victim during course of her examination has not supported the prosecution case and further he is in custody since 10.6.2017. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.2612 of 2017 (4) dt.06-11-2017 2/2 Having heard both sides and in view of the evidence of victim girl, this appeal is allowed and the impugned order is set aside.

Let the appellant, above named, 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-I-cum-Special Judge, SC/ST Act, Purnea, in connection with Sarsi P.S.Case No. 64 of 2017, subject to the conditions as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U