Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36600 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- Raghuvanshnagar District- Purnia ====================================================== Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh S/O Anmol Mahto @ Amele Mahto @ Amole Mahto Resident of Village- Chahabachcha, Ward No. 05 Matihani, P.O- Mauzampatti, Mathani, P.S- Barhara Kothi, District- Purnia, Bihar- 854203. Aadhar No. 60722045426.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Suman Dant Singh, Advocate Mr. Amresh Kr. Jha, Advocate Mr. Salaj Kumar Rai, Advocate For the Opposite Party/s :
Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioner and Mrs. Asha Kumari, learned APP.
2. The petitioner is apprehending his arrest in connection with Raghuvansh Nagar P.S. Case No. 19 of 2025 for the offence under sections 137(2), 96 and 3(5) of the BNS lodged on 13.03.2025 by the informant, Raj Kishore Kumar Dinkar.
3. As per the prosecution story, the informant alleged that while his minor daughter was going to coaching center, the named accused persons including this petitioner took her away for marriage purposes. This led to the FIR.
4. As the story unfolds, the victim girl returned and
Patna High Court CR. MISC. No.36600 of 2025(3) dt.16-09-2025 2/3 has supported the allegation made in the FIR.
5. Learned Senior counsel for the petitioner submits that allegation is that Saurabh Kumar wanted to marry the girl and only to implicate, the friends have been named, he is a student having no criminal antecedent and is only twenty years of age.
6. Learned APP opposes the prayer submitting that he has also been named by the informant as also the girl upon return.
7. The allegation is there, it is mainly against Saurabh, the petitioner has been shown to be the friend, the girl has not stated anything about the sexual assault on her, he is only twenty years of age having no criminal antecedent, FIR is there and he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge VII-cum-Spl. Court (POCSO), Purnia in connection with Raghuvansh Nagar
Patna High Court CR. MISC. No.36600 of 2025(3) dt.16-09-2025 3/3 P.S. Case No. 19 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T