Vikky Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86242 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== VIKKY PRASAD Son of Late Matilal Prasad Resident of Village - Govindpur Bazar, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the State :

Mrs. Meena Singh For the informant Mr. Karandeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner seeks bail in a case initially registered under sections 354 (B), 354 (C ), 504 and 506/34 IPC and subsequently sections 376(D) of the IPC and section 3/ 4 of POCSO Act have been added.

Prosecution case is that the informant is aged about 15 years and she was taken away forcibly by the petitioner and two others co-accused persons who groped her with bad intention and on protest, they assaulted her. There is also allegation of tearing her cloth. On alarm being raised miscreants including petitioner have fled away.

Patna High Court CR. MISC. No.86242 of 2019(2) dt.17-01-2020 2/3 Counsel for the petitioner submits that having no criminal antecedent, petitioner has been implicated falsely on petty local village issue. Allegation against the petitioner and other accused Satya Prakash Kumar Jaiswal is general and omnibus. The said accused has been allowed bail in Cr. Misc.no.79764/2019 Petitioner is in custody since 06.09.2019.

Learned A.P.P and learned counsel for the informant have opposed the prayer for bail. It is alleged that subsequently also informant has sustained the allegation.

Considering the rival submissions, prayer for bail is allowed.

Let the petitioner 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 Addl. Sessions Judge I-cumSpecial Judge, POCSO Act, East Champaran at Motihari in Harsidhi P.S. Case no. 276/2019 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

Patna High Court CR. MISC. No.86242 of 2019(2) dt.17-01-2020 3/3 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