Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21475 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Vikash Kumar son of Arun Singh, Resident of Village -Khilwat, PS-Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Bidupur P.S.Case no.11 of 2025 registered for the offences punishable under Sections 75, 76, 78 and 3(5) of BNS, 2023.

3. As per the allegation made in the FIR, the petitioner along with the other co-accused persons attempted to disrobe the sister of the informant.

4. It is the case of the petitioner that he is aged about 19 years. He is innocent and and the allegations are false. The statement of the victim recorded before the concerned learned Magistrate is tutored statement and it has no evidentiary value. If he is not granted pre-arrest bail, who is having clean antecedent, his entire career will be put into jeopardized.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.21475 of 2025(2) dt.23-04-2025 2/2 the prayer for grant of pre-arrest bail to the petitioner.

6. I have perused the allegations made in the FIR, as well as, the impugned order, from which it appears that the victim has alleged that the petitioner along with other coaccused disrobed her with an intent to commit sexual wrongs with her. The victim was examined and her age was assessed to be 17 years whereas on the basis of Aadhar, her age seems to be 18 years.

7. Considering the fact that the allegation is of disrobing the victim with an attempt to commit wrong with her, I am not inclined to enlarge the petitioner on pre-arrest bail. However, the petitioner, if so advised, may surrender before the learned district court and seek regular bail and the learned district court is directed to pass necessary order in accordance with law on the basis of the materials available on the record on the same day considering the age of the petitioner.

8. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U T