Amit Kumar Aman @ Amit Kumar Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19121 of 2025 Arising Out of PS. Case No.-28 Year-2023 Thana- MAHILA P.S. District- Araria ====================================================== Amit Kumar Aman @ Amit Kumar Rishideo S/O Raj Kishor Rishideo R/O Village- Majhuwa Purab, Ward No. 04, P.S- Bausi, Dist.- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Kumari D/O Sri Binod Kumar Mishra R/O Village- Bhagwanpur, P.S- Bausi, Distt.- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Araria Mahila P.S Case No. 28/2023 dated 18.07.2023 registered for the offences punishable u/ss 376, 504 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner gave water to the informant to drink after which she became unconscious, thereafter it is alleged that he has committed rape on her and made obscene video of the informant and threatened the informant to make the video viral.

Patna High Court CR. MISC. No.19121 of 2025(2) dt.17-06-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 12 days in lodging the FIR. There is no statutory compliance of section 53A of the Cr.P.C. Learned counsel has submitted that the petitioner is a reputed teacher, who runs a coaching institute at Manjhua Purab, Ward No. 04 and he is also elected ward member of the said ward. It is further submitted that due to ulterior political motive this instant F.I.R has been lodged. The offence took place on 07.07.2023 and the victim was medically examined on 19.07.2023. The age of the victim was assessed as 15-17 years. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim in her statement recorded u/s 164 of the Cr.P.C. has supported the prosecution case. It is further submitted that as per the medical report, the doctor found the hymen of the victim ruptured. It is further submitted that earlier the bail petition of the petitioner has been rejected by this Court vide order dated 14.05.2024 passed in Cr. Misc. No. 10014 of 2024.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.19121 of 2025(2) dt.17-06-2025 3/3 of the case as well as the finding substance in the contention of learned counsel for the State, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Araria Mahila P.S Case No. 28/2023, pending in the court of learned Additional District Judge-VI-cum-Special Judge (POCSO), Araria.

(Chandra Prakash Singh, J) shivam/- U T