Vikash Hembram @ Vikash Kumar @ Vikash Kumar Hembram v. The State Of Bihar
Patna High Court Cr.Misc. No.21553 of 2018 (3) dt.07-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21553 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -MANIHARI District- KATIHAR ======================================================
1. Vikash Hembram @ Vikash Kumar @ Vikash Kumar Hembram S/o Late Suresh Hembram, R/o Vill.- Maniya Kamat Tola, Budh Nagar, P.S.- Muffasil, District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Manihari Police Station Case No. 07 of 2018, disclosing offences under Sections 376, 341, 420/34 of the Indian Penal Code.
Learned Counsel for the petitioner has submitted the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence is of the year 2016 whereas the complaint has been filed in the year 2018 without explaining the plausible delay. Moreover, no medical report is available on record to show that the victim has been raped by the petitioner. Hence, the petitioner deserves the
Patna High Court Cr.Misc. No.21553 of 2018 (3) dt.07-06-2018 privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate-1st class, Katihar in connection with Mahihari Police Station Case No. 07 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T