Vikant Prasad @ Vikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45239 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -KASHICHAK District- NAWADA ====================================================== Vikant Prasad @ Vikant Kumar, s/o Jago Mahto, r/o- Vill Vijay Nagar, P.S.- Kadirganj, Distt.- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-12-2016 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner, learned Additional Public Prosecutor as well as Sri Sunil Kumar, learned counsel who has appeared on behalf of the informant.

The petitioner , who is brother of the second wife of the husband of the informant, has approached this court with a prayer to grant bail in the event of his arrest or surrender in Kashichak P.S. Case No. 36 of 2016 registered for the offence under Section 494, 379/ 34, 341, 323, 498(A) of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that only on general and omnibus allegation that petitioner had also administered torture to the informant, the petitioner has been

Patna High Court Cr.Misc. No.45239 of 2016 (4) dt.23-12-2016 2/2 arrayed as accused. It has been argued that husband of the informant has filed anticipatory bail petition before the court below in which notice has been issued to the informant. It was argued that investigation is still going on.

Considering the fact that petitioner is brother of second wife of the husband of informant and anticipatory bail petition of husband of the informant is pending there is no reason to refuse prayer for privilege of anticipatory bail to the petitioner . Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Vikant Prasad @ Vikant Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar, Judicial Magistrate 1st Class, Nawada / concerned court in connection with Kashichak P.S. Case No. 36 of 2016 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T