Rishikesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20385 of 2026 Arising Out of PS. Case No.-652 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== Rishikesh Giri Son of Ram Rekha Giri Resident of Village- Kandh Bahuara, P.S.- Karakat, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o- Y Resident of Pyarelal Colony, Gali No.1, House No.41, P.S.- Sahibabad, District-Gaziyabad (U.P.).

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr. Chhote Lal Mishra, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 26.08.2025 in connection with Karakat P.S. Case No. 652 of 2024, FIR dated 17.12.2024 registered for the offence under Section 376, 313, 341, 323, 504, 506, 34 of the Indian Penal Code and Sections 4,6 of POCSO Act.

3. Accordingly, to prosecution case, the informant alleged that the petitioner used to make physical relation with her on false pretext of marriage.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the

Patna High Court CR. MISC. No.20385 of 2026(2) dt.26-03-2026 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the petitioner is rotting in judicial custody since 26.08.2025.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 161 and 164 Cr.P.C in which she has fully supported the case of the prosecution and date of birth of the victim is 15.12.2001 and the alleged incident is stated to have commenced in 2019, which indicates that the victim was a minor at the time of the occurrence.

6. Considering the aforesaid fact that there is direct and specific allegation against the petitioner supported by statement of the victim, I am not inclined to enlarge the petitioner on bail in connection with Special Judgev(POCSO), Rohtas, Sasaram pending in the Court of Karakat P.S. Case No. 652 of 2024,.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T