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

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

What the court decided

AI extract

Outcome

Bail application allowed: petitioner 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 Court of Special Additional Sessions Judge-VII-cum-Special Judge, POCSO Act, Patna, in connection with Patna Chowk P.S. Case No. 587 of 2025 (printed as '587 of 2024' elsewhere in the judgment).

Issue for consideration

Whether the petitioner, in judicial custody since 27.12.2024 in connection with Chowk P.S. Case No. 587 of 2024 (connected with Spcl. Case No. 02 of 2025) registered for offences under the Indian Penal Code, Sections 127(2), 64 and 62 of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act, should be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court found itself inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court of Special Additional Sessions Judge-VII-cum-Special Judge (POCSO Act), Patna, in connection with Patna Chowk P.S. Case No. 587 of 2025 (year as printed in the operative direction).

Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court, Cr. Misc. No.38755 of 2025, oral order dated 03-09-2025 (Ashok Kumar Pandey, J). Petitioner Vikki Kumar @ Vivek Kumar, in judicial custody since 27.12.2024 and stated to have no criminal antecedent, sought bail in Chowk P.S. Case No. 587 of 2024 connected with Spcl. Case No. 02 of 2025 (offences under the Indian Penal Code; Sections 127(2), 64, 62 BNS 2023; Sections 8 and 12 POCSO Act). Prosecution case: petitioner kidnapped the victim, took her to Patna Shahib, confined her in his aunt's house and attempted to establish physical relations; the victim's Section 183 BNSS statement alleges attempted rape. Counsel for the informant informed the Court that the victim was not willing to continue with the case and that the case arose from misconception. Considering the facts and circumstances, the Court enlarged the petitioner on bail on a bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the Special Additional Sessions Judge-VII-cum-Special Judge (POCSO Act), Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38755 of 2025

Arising Out of PS. Case No.-587 Year-2024 Thana- PATNA CITY CHOWK District- Patna

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

Vikki Kumar @ Vivek Kumar S/O Late Raja Ram @ Raja Prasad R/O- 2, Naisadak, Hamamgali, Patna City, Town/Village- Patna, Anchal- Patna Sadar, P.S- Chowk Thana, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

Pinki Devi W/O Kailash Prasad R/O Naisadak, Hamamgali, Patna City, P.SChowk Thana, Distt.- Patna.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate Ms. Urvashi Bharti, Advocate For the Opposite Party/s : Mr. Vivek Kumar Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 03-09-2025 Heard Mr. Ajit Kumar Ojha, learned counsel for the petitioner and Mr. Vivek Kumar Sinha, learned APP for the State.

The petitioner has prayed for bail in connection with Chowk P.S. Case No. 587 of 2024 connected with Spcl. Case No. 02 of 2025 registered for the offence punishable under Sections of the Indian Penal Code and Sections 127(2), 64, 62 of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act.

The case of the prosecution is that the petitioner kidnapped the victim, took her to Patna Shahib, and confined her in the house of his aunt. It is further alleged that he

Patna High Court CR. MISC. No.38755 of 2025(3) dt.03-09-2025 2/3

attempted to establish physical relations with the victim.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that during the course of the investigation, the victim girl has given her statement recorded under Section 183 of the BNSS, wherein she has stated that the petitioner attempted to commit rape with her. It has further submitted that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and is languishing in judicial custody since 27.12.2024.

The application for bail is opposed by learned APP for the State. Learned counsel for the informant is present and he has stated that the victim is not willing to continue with the case and that the case was filed due to some misconception.

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 Court of Special Additional Sessions Judge-VII-cum-Special Judge,

Patna High Court CR. MISC. No.38755 of 2025(3) dt.03-09-2025 3/3

POCSO Act, Patna in connection with Patna Chowk P.S. Case No. 587 of 2025.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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