Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37652 of 2017 Arising Out of PS.Case No. -212 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vicky Kumar Son of Manoj Kumar, R/o Village- Ujjainlohiyar, P.S.- Harsidhi, Distt.- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 07.05.2017 in connection with Gohrasahan P.S. Case No. 212 of for offences punishable under Sections 326A/307/384/386/354/504/506/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that he runs a mobile shop and the petitioner along with another co-accused Dhiraj Kumar are working as salesman. His daughter Shivani Kumari aged 15 year was teased and threatened by the petitioner and other co-accused and earlier his daughter also took Rs. 20,000/- and ornaments and was traceless. But thereafter she was brought home and while going to tuition the petitioner and co-
Patna High Court Cr.Misc. No.37652 of 2017 (5) dt.15-11-2017 2/3 accused on motorcycle threw acid on her.
It has been submitted by the learned counsel for the petitioner that he is innocent and bears no criminal history. In fact, the daughter of the informant had love affair with Dhiraj Kumar and since he was salesman along with co-accused, he has been falsely implicated. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. It is further submitted that co-accused Dhiraj Kumar has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 36695 of 2017 on 13.11.2017. It is further submitted that there was small burn injury on the wrist of the informant's daughter. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 S.D.J.M. Sikrahana, East Champaran at Motihari in connection with Gorasahan P.S. Case No. 212 of 2017, subject to the conditions that:
(1) Both bailors would be close relative of the petitioner
Patna High Court Cr.Misc. No.37652 of 2017 (5) dt.15-11-2017 3/3 having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T