Vikaram Das @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71306 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== VIKARAM DAS @ NANKI S/o Bihari Das Resident of Village- Bharwaliya, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Majhaulia P.S. Case no. 199/2018 registered under section 366A/34 of the IPC and section 8 of POCSO Act.

As submitted by counsel for the petitioner, petitioner was not named in the first information report and has been roped on extraneous consideration.

It is submission of counsel for the petitioner that from the statement of the victim girl recorded under section 164 Cr.P.C (Annexure 2) it is apparent that in fact petitioner facilitated her to return her home safely. There is no criminal antecedent of the petitioner.

Learned A.P.P. opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.71306 of 2019(3) dt.16-03-2020 2/2 Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Ist Addl. Sessions Judge-cum- Special Judge (SC/ST/POCSO), Bettiah, West Champaran in Majhaulia P.S. Case no. 199/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T