Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50946 of 2024 Arising Out of PS. Case No.-176 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== Vikash Singh Son of Awadhesh Singh R/O- Village- Barahi, P.S.- Purnahiya, Distt.- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hari Kishore Singh Son of Late Janak Singh R/O Rajpur Kaul Marpa, P.s.- Phenihara, Dist.- East Champaran.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365, 448, 504 & 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The petitioner along with other co-accused is said to have kidnapped the informant's minor daughter.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. It is further submitted that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case. It is further submitted that the medical board has

Patna High Court CR. MISC. No.50946 of 2024(2) dt.14-08-2024 2/2 determined the age of the victim between 18 to 19 years. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 28.04.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid as well as the fact that the victim in her statement recorded under Section 164 has not supported the prosecution case and the medical board has determined the age of the victim between 18 to 19 years, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Fenhara P.S. Case No.176 of 2022.

(Anjani Kumar Sharan, J) Trivedi/- U T