Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78763 of 2025 Arising out of PS. Case No.-263 Year-2025 Thana- MOHANPUR District- Gaya ====================================================== Vikash Kumar, S/o Chandrika Yadav, R/o Village - Sinduar, Tola- Rajaundha, Police Station- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gora Paswan, S/o Late Rajendra Paswan, R/o Village - Jhalar, Police Station- Mohanpur, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mohanpur P.S. Case No. 263 of 2025 registered for the offence under Section(s) 69 and 89 of the Bhartiya Nyaya Sanhita, 2023, Sections 3(1)(r)(s)(w) and 3(2)(v) of the Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act and Sections 4 and 6 of POCSO Act.

3. As per the prosecution case, the petitioner has taken away the minor victim girl of the informant and he has established illicit relation with her due to which she became pregnant and was aborted.

Patna High Court CR. MISC. No.78763 of 2025(2) dt.19-11-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 15.07.2025. He further submits that in the statement of the victim recorded under Section 183 BNSS she has stated that she was in relation-ship with the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances as well as the statement of the victim recorded under Section 183 BNSS, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, POCSOcum-Additional Sessions Judge-VII, Gaya Ji in connection with Mohanpur P.S. Case No. 263 of 2025 subject to conditions that:- (i). The petitioner will mark his attendance at the concerned Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.78763 of 2025(2) dt.19-11-2025 3/3 (ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner. (iii). The bailors will be close blood relatives of the petitioner.

(Sandeep Kumar, J) Vikash/- U T