Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1689 of 2026 Arising Out of PS. Case No.-170 Year-2025 Thana- PARSA District- Saran ====================================================== Jitendra Kumar S/O Shivji Singh R/O Village- Narayanpur, P.S- Parsa, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/O Vijay Kumar Singh R/O Village- Pachlakh, P.S- Parsa, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2026 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 07.06.2025 in connection with Parsa P.S. Case No. 170 of 2025, F.I.R. dated 05.06.2025 for the offences punishable under Sections 64, 75 and 351(2) of the BNS, 2023 and Sections 4, 6 and 8 of the POCSO Act.

3. According to prosecution case, this petitioner tried to forcefully establish physical relation with the victim with whom he is having an illicit relationship.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.1689 of 2026(3) dt.09-04-2026 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the statement of the victim was recorded under Section 183 of the BNSS, 2023 in which she has not supported the case of the prosecution and apart from that she has partly refused for her medical examination. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 07.06.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, victim has not supported the case of the prosecution and she has refused for her medical examination, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Additional Sessions Judge, (POCSO), Saran at Chapra in connection with Parsa P.S. Case No. 170 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.1689 of 2026(3) dt.09-04-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T