Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66863 of 2025 Arising Out of PS. Case No.-139 Year-2021 Thana- BARBIGHA District- Sheikhpura ====================================================== Vikash Kumar, S/o Chhotan Nonia R/o Village- Belao, P.S.- Barbigha, District- Sheikhpura, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulabi Devi W/o Chandan Ravidas R/o Village- Belao, P.S.- Barbigha, District- Sheikhpura, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sristy Patel, Advocate For the Opposite Party/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State. Inspite of notice having been issued, no one appears on behalf of Opposite Party No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366, 366A, 323, 504, 34 of the Indian Penal Code, Section 3(1)(r)(s) (w)(i)/3(2)(va) of SC/ST Act and Section 8 of the POCSO Act.

3. The case of the prosecution, according to the informant, is that on 09.05.2021 at about 6:00 P.M. when informant and her daughter were returning, after attending the call of nature, the petitioner came on a motorcycle and took away the daughter of the informant. When the informant went to

Patna High Court CR. MISC. No.66863 of 2025(3) dt.03-12-2025 2/2 the father of the petitioner to enquire, the F.I.R. named accused persons abused and assaulted the informant.

4. Learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail.

5. From perusal of the impugned order, it appears that the victim in her statement under Section 164 Cr.P.C. has denied the prosecution case and stated that she is living with the petitioner and from their wedlock a child has born.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-IV, Sheikhpura in connection with Barbigha P.S. Case No. 139/2021, subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J) P.K.P./- U