Patna High CourtCR. MISC./63321/2025allowed

Harkesh Bharti @ Harikesh Bharti @ Harikesh Kumar v. The State Of Bihar

2026-01-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63321 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- BHITAHA District- West Champaran ====================================================== Harkesh Bharti @ Harikesh Bharti @ Harikesh Kumar Son of Triveni Ram Resident of Village - Binahi, Police Station - Bhitaha, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Dinesh Kumar Son of Prahalad Ram Resident of Village - Binahi, Police Station - Bhitaha, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Jitendra Kumar Singh For the Informant :

Mr. Bimlesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhitaha P.S. Case No. 74 of 2025 registered for the offence under Sections 75, 352, 126(2), 115(2), 351(3) and 3(5) of the BNS, 2023 and under Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of abducting the victim and taking her to a field.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that from the

Patna High Court CR. MISC. No.63321 of 2025(5) dt.21-01-2026 2/2 statement of the victim girl under Section 183 of the BNSS, it appears that the girl was in a relationship with the petitioner.

5. Considering the aforesaid facts, this application is allowed.

6. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Bhitaha P.S. Case No. 74 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

(Sandeep Kumar, J) Vikas/- U