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Patna High CourtCR. MISC./60843/2025rejected

Vikash Kumar @ Vikash Thakur v. The State Of Bihar

2025-09-08Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60843 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- TRIVENIGANJ District- Supaul ====================================================== Vikash Kumar @ Vikash Thakur S/o Brahmdeo Thakur R/o VillageMirzawa, Ward No. 10, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-09-2025 Heard Mr. Pramod Mishra, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner is apprehending his arrest in connection Triveniganj P.S. Case No. 117 of 2025, F.I.R. dated 04.03.2025 for the offences punishable under Sections 126(2), 352, 351(2), 69, 89, 3(5) of the BNS, 2023.

3. According to prosecution case, the petitioner is said to have established physical relationship with the informant on false pretext of marriage. It is further alleged that the accused persons including the petitioner got her pregnancy aborted.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not

Patna High Court CR. MISC. No.60843 of 2025(2) dt.08-09-2025 2/2 committed any offences as alleged in the F.I.R. He further submits that infact, the petitioner was in love with the victim girl and with her consent, the petitioner has made physical relationship with her.

5. The learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has committed rape upon the informant and statement of the victim has been recorded under Section 164 of the Cr.P.C./183 of the BNSS, 2023 in paragraph 40 of the case diary, which suggests that the petitioner has committed rape upon her and also got her pregnancy aborted once.

6. Considering the nature of allegation as alleged in the F.I.R, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Triveniganj P.S. Case No. 117 of 2025 pending in the court of learned A.C.J.M.-I, Supaul.

7. Prayer is refused.

(Rajesh Kumar Verma, J) priyanka/- U T