Vikky Kumar Yadav @ Vikky Kumar @ Vikki Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87281 of 2025 Arising Out of PS. Case No.-327 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Vikky Kumar Yadav @ Vikky Kumar @ Vikki Roy S/o Vinod Ray R/O-Vill.- Chakki Gopalpur, Ward no.8, P.o- Chamtha, P.s-Bachwara,- District. -Begusarai, Pincode-851111, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi W/o Rambali Mahto R/o vill - Chakki Gopalpur, P.O.- Chamtha, P.S.- Bachwara, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Vikram Rana, Adv.

Ms. Misha Bharti, Adv.

Mr. Utkarsh Vikram Rana, Adv.

Mr. Kumar Saurav Dev, Adv.

Mr. Akash Priya, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bachwara P.S. Case No. 327 of 2025 registered for the offence punishable under Sections 64, 331(4), 303(2), 3(5) of the B.N.S., 2023.

3. The case of the prosecution in short is that the petitioner entered in the house of the informant and committed rape with her.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.87281 of 2025(3) dt.11-02-2026 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During the course of investigation, the victim has given her statement recorded under Sections 180 and 183 of the BNSS, wherein she has stated that the petitioner has entered her house. Her husband called her and told her that somebody has entered the house, but she did not find anyone. After that, her mother-in-law told her that the petitioner is on the Chajji. She found her there. After that, the mother-in-law of the victim closed the door from outside, and after that, the petitioner committed rape with her.

In her statement recorded under Section 183 of the BNSS, the victim has stated that as the petitioner entered her house, somebody saw him and called her husband, who asked her as to who had entered, and then she said that nobody is there. After that, the husband of the informant called her mother-in-law. This goes to show that the victim herself has called him, and on being called by the family members, she has made out a case of rape. He further submits that from perusal of the medical examination report, it transpires that the doctor has not found any injury on any part of the victim. Moreover, the petitioner is languishing in judicial custody since 10.09.2025.

Patna High Court CR. MISC. No.87281 of 2025(3) dt.11-02-2026 3/3

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Begusarai in connection with Bachwara P.S. Case No. 327 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T