Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 66609 of 2025 Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Vishal Kumar S/O Harihar Mandal @ Suraj Mandal Resident Of VillageMuradpur, PS- Dumara, District- Sitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Sneha, A.S.I. P.S.- Dumara, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Dumra P.S. Case No. 392/2022 registered for the offence under Sections 363, 365, 366A, 370, 370A, 372, 373, 376, 120B of the Indian Penal Code and Section 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956, Section 4/6 of the POCSO Act and Section 75/79 of the JJ Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 28.06.2025.
4. As per FIR, the petitioner and co-accused persons are alleged to have engaged minor girl in illegal trade and forced them in prostitution on the pretext of alluring money.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No. 66609 of 2025(2) dt.09-01-2026 2/3 submitted that the allegation of sexual assault is not available against petitioner out of statement of victim recorded under Section 164 of Cr.P.C. and same appears very general and omnibus in nature. It is also pointed out that no physical assault committed. Investigation of this case said to be completed in all respect and, thereafter, charge-sheet has been submitted and as such, there is no chance of tempering with evidence. It is pointed out that other co-accused person having similar allegation has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 53383 of 2025 dated 15.09.2025.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as the victim failed to suggest any involvement of petitioner in terms of allegation while recording her statement under Section 164 of Cr.P.C., coupled with the fact that investigation of this case is already completed, accordingly, petitioner above named, is directed to be released on bail in connection with Dumra P.S. Case No. 392/2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IV-cum-Special Judge (Rape & POCSO
Patna High Court CR. MISC. No. 66609 of 2025(2) dt.09-01-2026 3/3 Act), Sitamarhi/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) veena/- U T