Vikash Kumar @ Vikash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83961 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== VIKASH KUMAR @ VIKASH RAM SON OF RAJKUMAR RAM VILLAGE PANDIT BIGHA, P.S.- PARASBIGHA, DISTRICTJEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366A, 506/34 of the IPC and section 8 of POCSO Act was added later on.

3.

Allegedly, the petitioner and other F.I.R. named accused persons are alleged to have kidnapped the daughter of the informant due to prior enmity.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.83961 of 2023(2) dt.11-01-2024 2/2 general and omnibus in nature. It is further submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, though, she has supported the prosecution case but she has not taken the name of petitioner. Petitioner has three criminal antecedent and similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 04.08.2023 passed in Cr. Misc. No.44945 of 2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the victim has not taken the name of petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Parasbigha P.S. Case No.42 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T