Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 81054 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== VIKKI KUMAR Son of Akalu Sao Resident of Village- Kalyanpur, P.S.- Athmalgola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 366A/34 of Indian Penal Code.

Petitioner's counsel submits that the statement (Annexure 2) of the victim girl recorded under Section 164 of Criminal Procedure Code reveals that the petitioner has not harmed the victim in any way even during the alleged captivity and that he himself had brought her back to Barh. Petitioner's counsel further submits that the petitioner and the informant side are co-villagers and agnates and there is subsisting land dispute between the parties. Petitioner has also been made accused in Athmal Gola Police Station Case No 110 of 2019

Patna High Court CR. MISC. No.81054 of 2019(2) dt.10-12-2019 2/2 lodged by the same informant in which he is already on bail. Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Barh, District - Patna in Athmalgola Police Station Case No 114 of 2019 subject to the following 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) M.E.H./- U T