Vikash Das @ Raghav Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55080 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== Vikash Das @ Raghav Das S/o Srichand Das R/o Village - Fulwariya, P.SSirdalla, District - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanoj Kumar S/o Shashi Bhushan Prasad R/o Village - Nai Pokhar More, Thakur Sthan Road, P.S - Rajgir, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gun Sagar Mahto, Advocate Mr. Sanjeev Kumar, Advocate For the State :
Mr. Binod Kumar, APP For the Informant :
Mr. Surya Pratap Kumar, Advocate Mr. Sanjeev Kumar, Advocate Mr. Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with Rajgir P.S. Case no.257 of 2025 registered under sections 126(2), 115(2), 76, 137(2) of BNS and Section 8 and 12 of the POCSO Act.
3. The allegations in the F.I.R is that the petitioner, who was a teacher in the school of informant's daughter, used to harass her due to which she stopped going to school and her school was changed. There is further allegation of giving some allurement as also threatening.
Patna High Court CR. MISC. No.55080 of 2025(4) dt.05-12-2025 2/3 Learned counsel for the petitioner submits that the petitioner was a teacher at the school attended by the victim girl. As per the FIR, a false story was allegedly concocted against the petitioner leading to disciplinary action and ousting from his job. It is submitted that the allegations do not pertain to sexual assault or abuse, but rather relate to some unwelcome familiarity shown towards the informant's daughter. The victim in her statement recorded under Section 183 of BNSS indicates that while the petitioner behaved well towards her, she did not appreciate his conduct and reported it to her parents resulting in her transfer to another school. She further stated that on one occasion the petitioner asked her to accompany him, which she refused. The petitioner has been in custody since 16.05.2025 and undertakes to cooperate in the trial, which is ongoing following the framing of charges.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the informant on the ground that petitioner has disturbed the life of the victim by indulging in uncalled behavior with her. He further submits that trial has proceeded and four witnesses have already been examined.
6. Taking into consideration the above mentioned
Patna High Court CR. MISC. No.55080 of 2025(4) dt.05-12-2025 3/3 facts of the case and also considering that no allegation of sexual assault or physical violence has been made against the petitioner, he is in custody since 16.05.2025 and has no criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Rajgir P.S. Case no.257 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court/Successor Court, subject to the following conditions:- (I) He shall appear on each and every date fixed in the trial Court and his non-appearance on any date would give the liberty to the prosecution as also to the Court to get the bail bonds of the petitioner cancelled.
(II) The petitioner would not do any act to disturb the life of the informant or would not cause any tampering with the evidence, failing which the prosecution shall be at liberty to file cancellation of bail bonds.
(Soni Shrivastava, J) Harsh/- U T