Vicky Kumar @ Vikey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69979 of 2018 Arising Out of PS. Case No.-590 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== Vicky Kumar @ Vikey Kumar, Son of Birju Chaudhary, Resident of VillageDakhkhin Tola, Behind of Shekhar Cinema, Police Station- Town, DistrictSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Siwan Town P.S. Case No. 590 of 2018 instituted for the offence under Section(s) 363(A), 366(A), 354(D), 34 of the Indian Penal Code and Section 4/8 of POCSO Act 2012.

It is alleged in the written report that minor daughter of the informant aged about 14 years had disappeared from the house on 18.9.2018. The informant learnt from his elder daughter during search that she has seen this petitioner along with co accused, namely, Rehan Ashique wandering near the

Patna High Court Cr.Misc. No.69979 of 2018(2) dt.03-12-2018 2/3 house of the informant. The informant has raised suspicion against this petitioner of kidnapping his daughter. The daughter of the informant, on recovery, has given her statement U/s 164 Cr.P.C. which is annexed as Annexure-2 to the bail petition, wherein, she has stated that she has developed friendship with Rehan Ashique through face book . She has voluntarily gone with him to Delhi and lived with him for 7 days and physical relationship was also established between them during that period of stay in Delhi. In her statement U/s 164 CrP.C. she has not levelled any allegation of overt act against this petitioner.

Learned counsel for the informant has appeared and opposed the prayer for bail. He has submitted that victim is minor girl aged about 14 years.

Petitioner is in custody since 25.9.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge, Siwan in connection with Siwan Town P.S. Case No. 590 of 2018, subject to the condition that both the bailers shall be

Patna High Court Cr.Misc. No.69979 of 2018(2) dt.03-12-2018 3/3 the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T