Vikash Singh vs The State Of Bihar on 14 August, 2024

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Patna High Court - Orders

Vikash Singh vs The State Of Bihar on 14 August, 2024

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31579 of 2024
                    Arising Out of PS. Case No.-6 Year-2021 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Vikash Singh Son Of Dadan Singh @ Gagan Singh Mohalla-Anandpuri, P.S.-
                 S K Puri,Dist- Patna
                                                                      ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Urmila Devi Wife Of Vikash Singh Near Budha Colony Thana, P.S.- Budha
                  Colony, Dist- Patna
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashok Kumar Mishra
                 For the Opposite Party/s :     Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   14-08-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 354B, 354C, 452/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. Petitioner along with other accused persons are said to have tried to commit rape with the victim by opening her lower dress.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the charge has been framed and there is no allegation of tampering with the prosecution witnesses by the petitioner. He submits that occurrence took place on 01.01.2021 Patna High Court CR. MISC. No.31579 of 2024(4) dt.14-08-2024 2/3 but FIR has been lodged on 04.01.2021 after delay of 3 days. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 09.01.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail 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 Special (POCSO) Case No. 06 of 2021, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled.

(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself Patna High Court CR. MISC. No.31579 of 2024(4) dt.14-08-2024 3/3 available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(V) The petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) devendra/-

U      T

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Patna High Court - Orders