Vikesh Kumar @ Bikesh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Vikesh Kumar @ Bikesh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest/surrender within eight weeks, petitioner to 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 Special Judge, POCSO Act cum Additional Sessions Judge VI, Motihari, East Champaran, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in a case registered for offences punishable under sections 363 and 366A of the Indian Penal Code and section 8 of the POCSO Act.

Court's answer

Considering the facts of the case, the petitioner's prayer for bail is allowed.

Ratio / Principle

In the event of the petitioner's arrest or surrender within eight weeks, he is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each.

Key takeaways

The bail bond and sureties are to be furnished to the satisfaction of the Special Judge, POCSO Act cum Additional Sessions Judge VI, Motihari, East Champaran, and the bail is subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail allowed — High Court of Judicature at Patna, CRIMINAL MISCELLANEOUS No.11508 of 2025, decided 05-05-2025 by Prabhat Kumar Singh, J. Petitioner Vikesh Kumar @ Bikesh Kumar apprehended arrest in PS Case No.-24 Year-2024 (Thana- Lakhaura, District- East Champaran), registered for offences punishable under sections 363 and 366A of the Indian Penal Code and section 8 of the POCSO Act; prosecution alleged all FIR-named accused kidnapped the informant's 15-year-old minor daughter for the purpose of marriage. Counsel for petitioner urged innocence, relying on the victim's statement recorded under section 164 CrPC stating she was in love with the petitioner and had solemnized marriage with him in a temple in Bettah, and claimed clean antecedents. Court allowed the prayer for bail: in the event of arrest/surrender within eight weeks, petitioner to 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 Special Judge, POCSO Act cum Additional Sessions Judge VI, Motihari, East Champaran, subject to conditions under section 438(2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11508 of 2025

Arising Out of PS. Case No.-24 Year-2024 Thana- LAKHAURA District- East Champaran

======================================================

Vikesh Kumar @ Bikesh Kumar S/o Lal Bahadur Sahani Resident Of VillageLakhaura Bicha Tola, Ps- Lakhaura, Dist- East Champaran

... ... Petitioner

Versus

The State of Bihar

Mira Devi W/o Sunil Paswan R/o vill - Lakhaura Mohra Tola, P.S.Lakhaura, Distt.- East Champaran

... ... Opposite Parties

======================================================

Appearance :

For the Petitioner : Mr.Pravin Kumar, Advocate For the Opposite Party/s : Mr.Tapeshwar Sharma, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

3 05-05-2025

Heard learned counsel for the petitioner and the State. Nobody appears for opposite party no.2 in spite of valid service of notice.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 and 366A of the Indian Penal Code and section 8 of the POCSO Act.

As per the prosecution case, all the FIR named accused persons including this petitioner kidnapped 15 years minor daughter of the informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the victim, in her statement recorded under section 164 of the Code of Criminal

Patna High Court CR. MISC. No.11508 of 2025(3) dt.05-05-2025 2/2

Procedure, has stated that she was in love with the petitioner and has solemnized marriage with him in temple in Bettah. Petitioner claims clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 Special Judge, POCSO Act cum Additional Sessions Judge VI, Motihari, East Champaran, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashi/-

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