← Library
Patna High CourtCR. MISC./57929/2021bail granted

Bikky Kumar v. The State Of Bihar

2021-10-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57929 of 2021 Arising Out of PS. Case No.-320 Year-2016 Thana- LALGANJ District- Vaishali ====================================================== BIKKY KUMAR, S/o Bhagwati Ray R/o Village - Kiratpur Rajaram, P.S. Bhagwanpur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-10-2021 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor, appearing for the State.

Petitioner seeks regular bail in connection with Lalganj P.S. Case No.320 of 2016, registered for the offences punishable under Sections 341, 323, 376, 511, 307, 379, 504 and 506 of the Indian Penal Code.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 22.06.2021, passed in Cr. Misc. No.4004 of 2021, with liberty to renew his prayer for bail after three months. The allegation as per the Fist Information Report is that on 30.12.2016, the petitioner called the informant and told

Patna High Court CR. MISC. No.57929 of 2021(2) dt.06-10-2021 2/3 that her husband has sent money in the account of the petitioner from Kolkata and asked her to come at Goraul Railway station in order to receive the amount. When the informant reached there, the petitioner took her on motorcycle at lonely place and tried to commit rape. It has further been alleged that when the informant protested, she was assaulted by the petitioner and the petitioner also snatched her jewelry etc.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to some dispute with regard to money between the petitioner and brother of the informant. Learned counsel next submits that petitioner is in custody since 05.09.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic and this Court while rejecting earlier bail application filed by the petitioner granted liberty to renew his prayer after three months. Regard being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 05.09.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic and this is second attempt for grant of regular bail on behalf of the petitioner, I am inclined to grant regular bail to the

Patna High Court CR. MISC. No.57929 of 2021(2) dt.06-10-2021 3/3 petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Vaishali at Hajipur, in connection with Lalganj P.S. Case No.320 of 2016. (Anil Kumar Sinha, J) sanjeev/- U T