Vikas Kumar Yadav @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40657 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== Vikas Kumar Yadav @ Vikas Kumar S/o- Wakil Yadav Village- Gagoul PsSinghwara Dist- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gita Devi W/o- Satyanarayan Mahto Village- Bharhulli Ps- Singhwara DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Singhwara P.S Case No. 130 of 2024 registered for the offences punishable under Sections 363, 376, 372, 420, 406, 366(A), 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that petitioner along with co-accused have kidnapped the daughter of the informant and raped her.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that dated of occurrence is 02.11.2023 and compliant petition has been filed on 04.01.2024 .It is also submitted that
Patna High Court CR. MISC. No.40657 of 2025(3) dt.20-08-2025 2/2 petitioner is in judicial custody since 11.03.2025 and he has got no criminal antecedent as stated in paragraph no. 3 of the bail petition. Learned counsel further submits that co-accused has already granted anticipatory bail in Cr. Misc. No. 68327 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, statement of the victim under Section 164 of the Cr.P.C and impugned order dated 08.05.2025, it appears that victim in her statement under Section 164 of the Cr.P.C has stated no specific allegation regarding the rape against the petitioner.
7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 JMFC, Darbhanga in connection with Singhwara P.S Case No. 130 of 2024.
(Ramesh Chand Malviya, J) Mayank/- U T