Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81471 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Vikram Kumar S/O Dhaneshwar Sharma R/O Village - Malpa, under Gram Panchayat Dhutauli,P.O- Bhutauli, P.S- Chautham,Dist- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pankaj Kumar R/O Village - Malpa, P.S- Chautham,Dist- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP For the Informant :

Mr. Subesh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Chautham P.S. Case No. 268 of 2024, instituted for the offences punishable under Sections 75, 127(2), 3(5), 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 8 and 10 of POCSO Act.

3. The prosecution case, in short, is that, daughter of the informant was kidnapped by co-accused, namely, Satyam Kumar and started sexual harassment upon her.

Patna High Court CR. MISC. No.81471 of 2024(3) dt.30-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. Specific allegation of kidnapping and sexual harassment upon the victim is against co-accused, namely, Satyam Kumar. It is further submitted that the victim is deaf and dumb and in her statement recorded under Section 183 of BNSS in sign language, she has specifically mentioned against the coaccused, namely, Satyam Kumar. The petitioner is in custody since 30.08.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.81471 of 2024(3) dt.30-01-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chautham P.S. Case No. 268 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T