Vijay Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31846 of 2026 Arising Out of PS. Case No.-1184 Year-2025 Thana- DANAPUR District- Patna ====================================================== Vijay Dubey S/o Late Girja Nand Dubey Resident of Village - Chitrakut Nagar, Road no. 3, P.s. - Danapur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX W/o YYY R/o Village and Mohalla - Shaguna More, Khagoul Road, Balajee Apartment, P.S. - Danapur, Dist. - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate Mr. Sudhanshu Trivedi, Advocate Mr. Vivek Anand Amritish, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State. However, despite service of notice, there is no representation on behalf of the informant/opposite party no. 2.

02. In the present case, the petitioner seeks bail in connection with Danapur P.S. Case No. 1184 of 2025 registered for the alleged offences under Section 76 of BNS, Section 37 of Bihar Prohibition and Excise Act and Section 8, 12 of POCSO Act.

03. As per prosecution case, the petitioner sexually assaulted the minor daughter of the informant while working as

Patna High Court CR. MISC. No.31846 of 2026(3) dt.01-07-2026 2/3 a guard in the apartment.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused due to personal grudge and dirty politics. There is no eye witness to the occurrence. Further, the prosecution story is not believable as neither the daughter of the informant nor any children have raised alarm as she has been playing in the parking area of the apartment. Learned counsel further submits that the petitioner is having clean antecedent. The petitioner is in custody since 17.11.2025 and charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner for sexually assaulting the minor daughter of the informant.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation, period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional

Patna High Court CR. MISC. No.31846 of 2026(3) dt.01-07-2026 3/3 Sessions Judge-VII cum Exclusive Special Judge, POCSO, Patna/concerned Court in connection with Special (POCSO Act) Case No. 14 of 2026, arising out of Danapur P.S. Case No. 1184 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T