Ritesh Kumar @ Ritesh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55784 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KORMA District- Sheikhpura ====================================================== Ritesh Kumar @ Ritesh Raj S/O- Abhay Shankar R/O- Katari, P.S.- Korma, District- Sheikpura, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kundan Devi Wife of Sumit Kumar R/O Vill- Katari, P.S.- Korma, DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
For the Informant :
Mr. Dinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 127(2), 115(2), 75, 76, 352, 351(2) of the Bharatiya Nyaya Sanhita and Section 8, 12 of the Protection of Children from Sexual Offences Act.
3. Prosecution case, in brief, is that on 30.03.2025 when informant and her daughter were at home, this petitioner came and attempted to commit rape upon her daughter. Upon protest, this petitioner disrobed and assaulted her due to which she sustained injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.55784 of 2025(2) dt.15-09-2025 2/3 petitioner is innocent and entire F.I.R. is false and frivolous. Petitioner and informant are next-door neighbours and informant is in habit of lodging false cases as earlier also informant has filed several such cases against others, reference of which is given in petition. In this case also, police after investigation submitted final form but differing with the same, learned court below has taken cognizance. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the backdrop of the case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-cum-Exclusive Special Judge POCSO, Sheikhpura in connection with Korma P. S. Case No. 43 of 2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.55784 of 2025(2) dt.15-09-2025 3/3 the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T