Bikram Kumar @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62034 of 2022 Arising Out of PS. Case No.-96 Year-2017 Thana- CHAUSA District- Madhepura ====================================================== BIKRAM KUMAR @ VIKRAM KUMAR S/O UMESH YADAV @ UMESH PRASAD YADAV Resident of village- Rasalpur, Dhuria, P.S.- Chousa, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Deo Singh,Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-02-2023 Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
The petitioner apprehends his arrest in connection with Chousa P.S. Case No. 96 of 2017 for the offence registered under Sections The allegation in the FIR is that the accused persons came to his house and after abusing them allegation against Arbind @ Bagho Yadav is of assaulting the wife's informant, Anita Devi with the 'butt' of weapon on her head and as a result she became unconscious. Further, Subhash Yadav snatched her 'Mangalsutra', while allegation against this petitioner Vikram Kumar is of pushing Durga Devi. The further allegation is that when the informant tried to save his wife, he was also assaulted by the accused persons.
Learned counsel for the petitioner submits that there is
Patna High Court CR. MISC. No.62034 of 2022(2) dt.04-02-2023 2/3 omnibus allegation so far as assault on the informant is concerned. Regarding Durga Devi, it has been alleged that this petitioner tried to scuffle with her and as per the Medical Report of the lady, there is tenderness on her chest. Learned APP for the State, on the other hand, submits that they barged into the house and assaulted the informant and his family members and as such, opposes the prayer for anticipatory bail.
Taking into account the fact that the petitioner has no criminal antecedent, the allegation is of scuffled with the lady, Durga Devi and the Medical Report does not show any grievous injury to her, this Court is inclined to grant him privilege of anticipatory bail.
Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., UdaKishunganj, District-Madhepura in connection with Chousa P.S. Case No. 96 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions:- (i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.62034 of 2022(2) dt.04-02-2023 3/3 the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (vi) the petitioner shall co-operate in the investigation and made himself available to the police as and when required. (Rajiv Roy, J) Jagdish/Neha/- U T