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Patna High CourtCR. MISC./75472/2019bail granted

Vijay Kumar v. The State Of Bihar

2021-02-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75472 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== VIJAY KUMAR, Son of Late Jaswant Singh Resident of Village - Ward No. 8, Choukra, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 376, 342, 504 and 506/34 of the Indian Penal Code and Sections 66A (E) and 67 (A) of the Information Technology Act.

Allegation against the petitioner is of commission of rape against the informant by inducing her to go to his house so that Indira Awas money for the informant could be managed. In the past prayer for bail was refused on 06.05.2019 vide order at Annexure-1 with direction to the court below to expedite and conclude the trial preferably within a year.

The report of the trial Judge would show that due to COVID effect, the trial has taken no progress. Petitioner is ready to cooperate with the trial.

Patna High Court CR. MISC. No.75472 of 2019(5) dt.01-02-2021 2/2 Considering the period already undergone by the petitioner as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Lakhisarai Mahila P.S. Case No. 28 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T