Akash Kumar @ Akash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81366 of 2025 Arising Out of PS. Case No.-725 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Akash Kumar @ Akash Son of Shaan @ Shan Mohammad Resident of Village - Hasim Tanda, Dharampur, P.S. - Bhira, District - Lakhimpur Kheri, State Uttar Pradesh, Present Address - Resident of Village - Anwarpur Malgodam, P.S. - Hajipur Town, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Khatoon Md. Sonu R/O Village- Anwarpur Purvi, P.S.- Town P.S., Dist.-Vaishali Presently residing at- House of Abhay Srivastva, P.S.- Town P.S., Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-03-2026 Heard Mr. Hemant Ray, learned counsel for the petitioner and Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.

2. Despite valid service of notice, no one appears on behalf of the opposite party no. 2

3. Petitioner seeks bail who is in custody since 02.08.2025 in connection with Hajipur Town P.S. Case No. 725 of 2025, F.I.R. dated 15.06.2025 for the offences punishable under Sections 137(2), 140(3) of the B.N.S.

4. According to prosecution case, petitioner is alleged to have abducted the victim.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the

Patna High Court CR. MISC. No.81366 of 2025(4) dt.10-03-2026 2/2 F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. The victim was recovered and her statement was recorded u/s 164 of Cr.P.C. /183 of B.N.S.S., 2023 in which she has not alleged any allegation about sexual assault against the petitioner. Apart from the aforesaid, she has also refused for medical examination which was recorded in paragraph 24 of the case diary. He further submits that the police after investigation submitted the charge sheet against the petitioner and he is in custody since 02.08.2025.

6. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 03.12.2025 is hereby confirmed, pending in the court of learned Chief Judicial Magistrate, Vaishali (Hajipur)/ successor court in connection with Hajipur Town P.S. Case No. 725 of 2025.

8. Accordingly, the present application is disposed of. (Rajesh Kumar Verma, J) Ranjeet/- U T