Ritesh Pal @ Ritesh Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64519 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== Ritesh Pal @ Ritesh Kumar Pal S/o Ranjeet Pal Resident of village - Shivpur Colony, P.s.- Ramnagar, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ W/o Sri Parimal Modi R/o vill - Pipra Colony, P.S.- Sahodara, Dist.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharad Kumar Verma, Adv.

For the O.P. No. 2 :

Mr. Ganesh Kr. Gupta, Adv.

For the State :

Mr. Binod Kumar No. 3, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-12-2025 Heard Mr. Sharad Kumar Verma, learned counsel for the petitioner, Mr. Ganesh Kumar Gupta, leanred counsel for the informant and Mr. Binod Kumar No.3 learned APP for the State.

2. Petitioner seeks regular bail in connection with Sahodara P.S. Case No. 62 of 2024 dated 23.06.2024 registered for the offences punishable under sections 363, 366-A, 504/34 of the Indian Penal Code and Section 8 and 12 of the Protection of children from Sexual Offences Act, 2012 (POCSO) Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner is a young person and has been languishing in jail since 21.07.2025 and against him the

Patna High Court CR. MISC. No.64519 of 2025(4) dt.10-12-2025 2/3 investigation has been completed, the so called victim has been recovered and she has recorded her statement under section 183 of BNSS in which she did not make any allegation and the story revealed by her is completely different from the story narrated by the informant in the FIR. It is lastly submitted that in view of the facts stated by the victim herself before Judicial Magistrate, the main ingredients of the alleged offences under which the FIR has been registered do not even prima facie attract and the petitioner's past is completely clean.

4. On the other hand learned counsel appearing for the informant has vehemently opposed the prayer of the petitioner and submits that when the commission of the alleged offence took place the victim was a minor girl and she remained under the custody of the petitioner for about one year.

5. Learned APP for the State has also opposed the prayer of the petitioner.

6. In the facts and circumstances of this case and considering the above submissions and mainly petitioner's custody period and the completion of investigation against him coupled with the victim's statement recorded by her before Judicial Magistrate which completely goes against the prosecution story narrated in the FIR, this Court is inclined to

Patna High Court CR. MISC. No.64519 of 2025(4) dt.10-12-2025 3/3 release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Sahodara P.S. Case No. 62 of 2024. (Shailendra Singh, J) siddharthkr/- U