Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44805 of 2018 Arising Out of PS.Case No. -165 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ====================================================== Vikash Kumar, S/o Udelal Rai @ Udaylal Rai, R/o Vill.- Lautan, P.S.- Sakra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sakra P.S. Case No. 165 of 2018 instituted for the offence under Section 354(B)/34 of the Indian Penal Code and Sections 8/12 of POCSO Act.

Counsel for the petitioner has submitted that petitioner and informant are next door neighbours. There is general and omnibus allegation against the petitioner that he along with coaccused Niraj Kumar had taken the daughter of the informant in Maize filed to commit illegal act. It has further been submitted that compromise has taken place between the parties, copy of which, has been enclosed as Annexure-2 to the supplementary affidavit.

Patna High Court Cr.Misc. No.44805 of 2018 (2) dt.07-08-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sakra P.S. Case No. 165 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.