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Patna High CourtCR. MISC./82785/2024bail granted

Vivek Kumar v. The State Of Bihar

2025-10-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82785 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Vivek Kumar S/o- Rakesh Kumar Sah Village-Bhawdepur Gote Sitamarhi Nagar Nigam W.no-1, Ps-Riga Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Victim D/o- Devki Sah Village- Marpa Kachor, W.No-3, Ps-Sonebarsa Dist- Sitamarhi P/A- Bhawdepur Got, Sitamarhi Nagar Nigam W.No-1, PsRiga Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Divya Bharti For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Riga P.S. Case No. 137 of 2024, registered for the offences punishable under Sections 341, 323, 376, 511, 34 of IPC and section 8 and 12 of POCSO Act.

3. The victim alleges that the petitioner attempted to commit rape upon her.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The FIR was lodged after 67 days of the occurrence and no reason of delay has been explained in the FIR. His further

Patna High Court CR. MISC. No.82785 of 2024(9) dt.09-10-2025 2/2 submission is that the marriage of the victim has been solemnized somewhere else and it is the reason that despite the notices being sent, she did not appear.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Special Judge (POCSO Act), Sitamarhi in connection with Riga P.S. Case No. 137 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U T