Patna High CourtCR. MISC./1178/2023allowed

Vikash Kumar @ Vikash Paswan v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1178 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- DHAKA District- East Champaran ====================================================== VIKASH KUMAR @ VIKASH PASWAN S/O Sukhdev Paswan R/O Village- Pipra Wajid, P.S- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he committed raped with the informant and also assaulted her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a handicap person and he has falsely been implicated in this case. As per statement of the victim, which is annexed with case diary, wherein she has not

Patna High Court CR. MISC. No.1178 of 2023(4) dt.03-07-2023 2/2 specifically stated about the complicity of the petitioner because she is not able to see due to eye weakness. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.05.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 262 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, East Champaran at Motihari.

(Sunil Kumar Panwar, J) manishkumar/- U T