Bikash Ram @ Vikas Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6455 of 2018 Arising Out of PS.Case No. -203 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Bikash Ram @ Vikas Kumar Ram, Son of Kishori Ram, Resident of Sahpur, P.S. Sonbarsa Raj, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in K. Nagar (Champa Nagar) P.S. Case No. 203 of 2015 instituted for the offence under Sections 363 and 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that First Information Report is against unknown. The victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that one Ajay Paswan with another boy whose name she did not know, but later on she told that his name was Vikash Paswan, took her on Motorcycle to Sahpur where he told to marry with her. She refused to perform marriage with him. After 5-6 days her father came and rescued her. In this manner, there is no allegation of any specific overt act against the petitioner in the statement of victim girl recorded under Section 164 Cr. P.C.

Patna High Court Cr.Misc. No.6455 of 2018 (3) dt.22-02-2018 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 K. Nagar (Champa Nagar) P.S. Case No. 203 of 2015, 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 Sub Divisional Judicial Magistrate, Purnea, 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.