Vikash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5517 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -ASAWAN District- SIWAN ====================================================== Vikash Prasad, S/o Late Chandraika Prasad, Resident of VillageDharmkhor, P.S.- Asaon, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Asaon P.S. Case No. 101 of 2016 for the offences instituted under Sections 366 and 366(A)/34 of the Indian Penal Code. The prosecution case, in brief, is that while the informant along with his minor daughter was returning home from market, in the meantime, the petitioner along with coaccused namely Chotu Kumar Patel and Pradip Prasad threatened her by showing pistol that if she will lodge any case against him, her entire family would be killed. Thereafter the informant returned her home and narrated the entire occurrence to her husband on phone, who lives at Delhi.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.5517 of 2017 (3) dt.07-03-2017 2/2 petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The allegations made in the F.I.R. are denied by the petitioner. The victim has been examined under Section 164 Cr.P.C., where she has not made any allegation of physical or sexual abuse against the petitioner rather she has stated that she had gone to her Bua's place, on her own will. On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Asaon P.S. Case No. 101 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T