Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.334 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- Benta District- Darbhanga ====================================================== Vikash Kumar Son of Uma Shankar Singh Resident of Village - Rauni, P.O. and P.S. - Natwar, District - Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sneha Kumari @ Guddi Kumari Daughter of Ajay Kumar Mahto Resident of Village - Gangawara, P.O. - Saramohanpur, P.S. - Sadar, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 64, 351(2), 123, 69 and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 11.09.2024 co-accused Jai Prakash Yadav called the informant and asked her to meet at a hotel situated in Benta, Darbhanga where all the accused persons named in the F.I.R., including this petitioner, drugged the informant and later on, committed rape upon her.

4. It is submitted by learned counsel appearing on behalf of the petitioner that specific accusation of commission of rape is against co-accused Jai Prakash Yadav who has already

Patna High Court CR. MISC. No.334 of 2025(2) dt.04-02-2025 2/2 been granted anticipatory bail by this Hon'ble court vide order dated 20.01.2025 passed in Cr. Misc. No. 88576 of 2024. There is no allegation of sexual assault against petitioner and he is only alleged to have assaulted and threatened the informant. Petitioner claims clean antecedent.

5. On the other hand, learned A.P.P. for the State vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering nature of accusation, clean antecedent and the fact that co-accused Jai Prakash Yadav has already been granted anticipatory bail, the prayer for grant of anticipatory bail to the petitioner is allowed. Accordingly, in the event of arrest/surrender 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 C.J.M., Darbhanga, in connection with Benta P.S. Case No. 100 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T