Vickey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68926 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== Vickey Kumar, S/O Chikku Prasad R/O Sipara, Near Shiv Mandir Kunti Hall, P.S.- Jakkanpur, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 376, 341, 323, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 26.07.2021, he is a person with clean antecedent and charges have been submitted in this case. The learned counsel for the petitioner further submits that the informant alleges that she was working in Wise Life Company as Medical Representative and in December, 2017, she met the petitioner and they became friends. The petitioner gave proposal of marriage and they married in 2018. After sometimes, she came to know that petitioner was married from

Patna High Court CR. MISC. No.68926 of 2021(3) dt.26-04-2022 2/3 before and hence, he never took her to his house and were staying in a rented house. On 03.07.2021, the petitioner gave a letter promising that he will always keep her. On 20.07.2021, Khushboo Kumari, wife of petitioner and Kiran Kumari along with a man came and assaulted the informant. Accordingly, the F.I.R. was instituted.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. After framing of the charge, trial has commenced and the informant has been examined. It is submitted that the informant in her examination-in-chief has not supported the prosecution case rather she has stated that the case was instituted under mistake. The copy of the deposition of the informant was handed over to the learned A.P.P. and learned A.P.P. after going through the deposition of the informant has very fairly submitted that the victim has stated that the case was instituted under mistake of facts.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charges have been submitted in this case and the informant in the trial has not supported the prosecution case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in

Patna High Court CR. MISC. No.68926 of 2021(3) dt.26-04-2022 3/3 the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahila P. S. Case No.84 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T