Vikash Sah @ Vikas Kumar @ Vikas Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52160 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
VIKASH SAH @ VIKAS KUMAR @ VIKAS SAH S/o- Vijay Sah VillageKobeya W.No-1, Panapur Ps- Harsidhi Dist- East Champaran 2.
Vijay Sah S/o- Late Ramchandra Sah Village- Kobeya W.No-1, Panapur PsHarsidhi Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rani Devi W/o- Upendra Sah Senuwariya Tal W.No-9, Ps- Majhauliya DistWest Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-10-2025 At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, the petitioner no. 1 has been arrested and, as such, it has become infructuous. He, therefore, seeks permission to withdraw this petition with respect to petitioner no. 1.
2. In view of the aforesaid submission, this petition is dismissed as withdrawn as having become infructuous with respect to petitioner no. 1.
3. The petitioner no. 2 is apprehending his arrest in Majhauliya P.S. Case No. 118 of 2024 registered under Sections 420, 120B, 376, 313, 328, 34 of the IPC and 3/4 of the D.P. Act.
4. As per the prosecution story, informant has fixed her daughter's marriage with the petitioner no. 1. It is alleged that
Patna High Court CR. MISC. No.52160 of 2025(3) dt.15-10-2025 2/2 petitioner no. 1 has established physical relation with her daughter without solemnizing marriage due to which her daughter got pregnant. After that, he left her daughter.
5. Learned counsel for the petitioners has submitted that petitioner no. 2 is the father of the Vikash Sah (petitioner no. 1) against whom there is allegation of having illicit relation with the victim at the pretext of marriage. He has falsely been implicated in the present case merely because he is father of the main accused. The petitioner is a person of clean antecedent.
6. Learned APP has opposed the prayer for anticipatory bail.
7. Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Rape and POCSO Act, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 118 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482 (2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J) priyanka/- U T