Abhishek Das @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46741 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Abhishek Das @ Abhishek Kumar Son of Jagar Nath Das @ Jagannath Das Village-Gado Wajidpur, P.S.-Dalsinghsarai, District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Asha Devi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-09-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dalsinghsarai P.S. Case No. 246 of 2024 registered for the offence under Sections 76, 115(2), 109, 123, 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act.
3. From the perusal of the FIR it appears that the petitioner had tried to molest the victim. Subsequently, the victim, after a delay had said that the petitioner had committed rape with her.
4. Learned counsel for the petitioner submits that neither in the FIR nor in the statement of the father and the 1st statement of the mother of the victim there is an allegation of
Patna High Court CR. MISC. No.46741 of 2025(3) dt.16-09-2025 2/2 rape. After a delay the statement of the victim was recorded in which she alleged rape. The petitioner is in custody since 04.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Samastipur in connection with Dalsinghsarai P.S. Case No. 246 of 2024. (Sandeep Kumar, J) Shishir/- U T