Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34852 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- MAHILA P.S. District- Munger ====================================================== Vikash Kumar S/o Chalitra Mahto @ Charitra Mahto R/o Village- DAura Bagicha, P.S.- Gogri Jamalpur, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

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

For the Petitioner/s :

Mr.Rounak Kumar Singh Pankaj, Adv.

For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Munger Mahila P.S. Case No. 54 of 2024, registered for the offences punishable under Sections 69, 352, 351(2), 3(5) of BNS, 2023.

3. As per the FIR, the informant's marriage with the petitioner was arranged by their families and both sides exchanged gifts. Later on, the petitioner and his family refused to proceed with the marriage despite repeated requests. The informant alleged that the petitioner established physical relations with her at her maternal home.

Patna High Court CR. MISC. No.34852 of 2025(6) dt.10-12-2025 2/3

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. It is true that the marriage of the petitioner was fixed with the informant but the allegation of physical relation is not true. As a matter of fact, when the petitioner came to know that earlier the informant had lodged a case under Section 376 of the IPC against one Dablu Singh, it was not possible for the petitioner to marry with the informant.

5. On the other hand, Mr. Shailendra Kumar, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail and submitted that the victim fully supported the allegation in her statement under Section 183 of the BNSS.

6. It appears that the alleged victim has lodged Jamalpur P.S. Case No. 201 of 2021 against one Dablu Singh which was registered under Section 376 of the IPC and 4 of the POCSO Act.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.34852 of 2025(6) dt.10-12-2025 3/3 each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Munger in connection with Munger Mahila P.S. Case No. 54 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U T