Md. Vickky @ Md. Hasan @ Vickky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46973 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Md. Vickky @ Md. Hasan @ Vickky S/o Md. Gayas R/o Village- Khiribandh, P.S.- Bypass, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. NK Agrawal, Sr. Adv.
Mr. Bidhu Ranjan, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-11-2025 Heard the parties.
2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bhagalpur Mahila P.S. Case No. 14 of 2025 registered for the offences punishable under Sections 65(1), 351(2), 351(3) of BNS.
3. The allegation against petitioner is to commit rape upon the informant on false pretext of marriage.
4. It is submitted by Mr. N.K. Agarwal learned senior counsel appearing on behalf of the petitioner that the informant was in love with this petitioner long before
Patna High Court CR. MISC. No.46973 of 2025(4) dt.11-11-2025 2/3 her marriage. It is pointed out that the informant solemnize her marriage with another person but even thereafter she continued her relationship with this petitioner and forced him to marry her. It is submitted that this fact can be easily gathered from the statement of victim recorded under Section 183 of BNSS. It is submitted that this is a case of extra marital affairs, where the statement of victim suggests that the relationship was consensual. It is pointed out that when on one occasion informant was apprehended by her relatives with this petitioner, the present case was lodged. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.
5 Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that the allegation is specifically available against this petitioner, however, learned counsel for the informant could not disputed the aforesaid factual submissions as discussed aforesaid.
Patna High Court CR. MISC. No.46973 of 2025(4) dt.11-11-2025 3/3
6. In view of aforesaid factual submission and by taking note of fact as prima-facie it is a case of extra marital affairs suggesting consensual sexual relationship getting its support from the statement of victim recorded under Section 183 of BNSS, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IX, Bhagalpur/concerned Court, where the case is pending in connection with Bhagalpur Mahila P.S. Case No. 14 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T