Bikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28460 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -PARSA District- SARAN ====================================================== Bikki Kumar, son of Arun Kumar Singh, resident of Village- Sobhe Parsa, Police Station- Parsa, District- Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Samir Kumar Bharti, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Parsa P.S. Case No. 18/2017 registered for the offence punishable under Sections 366, 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner states that although in the First Information Report the informant expressed her apprehension that the victim girl might have been killed after kidnapping but after the First Information Report was lodged the victim girl has been recovered who has made her statement under Section 164 of the Code of Criminal Procedure as contained in Annexure-2. Learned counsel for the petitioner submits that in her statement the victim girl has categorically

Patna High Court Cr.Misc. No.28460 of 2017 (2) dt.06-07-2017 stated that, so far as the present petitioner is concerned, he has not committed any rape. Learned counsel also submitted that the co-accused Karori Singh @ Nitish Kumar has been granted regular bail by a coordinate Bench of this Court vide order dated 22.06.2017 passed in Cr. Misc. No. 21274/2017, on the ground that the medical report goes to show that there was no sexual intercourse. However, petitioner has got no criminal antecedent. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, Saran at Chapra, in connection with Parsa P.S. Case No. 18/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T