Vineet Kumar @ Chhotu @ Chhotoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57375 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- SHAMBHUGANJ District- Banka ====================================================== Vineet Kumar @ Chhotu @ Chhotoo S/o Janardan Prasad Singh Resident of vill- Parhariya, P.S- Shambhuganj, Distt.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX, C/O Amarjeet Kumar D/o Amarjeet Kumar R/o vill - Parhariya, P.S.- Shambhuganj, Distt- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the informant despite notice being validly served. Perused the case diary.

2. The petitioner seeks bail in connection with Shambhuganj P.S. Case No. 100 of 2025 instituted for the offences under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. Allegation against accused persons including the petitioner is of committing the rape upon the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case and the allegations levelled against him are false

Patna High Court CR. MISC. No.57375 of 2025(4) dt.02-12-2025 2/2 and concocted. Learned counsel further submitted that as per medical report, the age of the victim is 17 to 19 years. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is direct allegation against the petitioner of commission of rape upon the victim which is supported by her Section 183 BNSS statement and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also nature and gravity of offence, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T