Patna High CourtCR. MISC./54084/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-11-12Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54084 of 2025 Arising Out of PS. Case No.-338 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Rahul Kumar S/o Musafir Das R/o Village - Chhota Bariyarpur, Bypass Chowk, P.S.-Chhatauni, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar 2.

Nikki Devi W/o Sri Mukesh sah R/o Village - Chhota Bariyarpur, Bypass Chowk, P.S - Chhatauni, District - East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate :

Mr. Sumit Kumar Gupta, Advocate :

Ms. Isha Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Aditya Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Chhatauni P.S. Case No. 338 of 2025 instituted for the offences under Sections 126(2), 352, 75, 77, 78, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.

3. As per the prosecution case, the accused persons including the petitioner eve-teased the informant's minor daughter and also made a video.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.54084 of 2025(5) dt.12-11-2025 2/3 petitioner is innocent and has falsely been implicated in the present case and has committed no offence as alleged in the FIR. Learned counsel further submitted that the petitioner is being dragged in this case merely due to previous land dispute between the parties. He further submitted that neither any video was made nor any threatening was given by the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.06.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner stating that the victim has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhatauni P.S. Case No. 338 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.54084 of 2025(5) dt.12-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T