Patna High Court - Orders
Bikash Sharma @ Bikash Kumar vs The State Of Bihar on 5 May, 2026
Author: Sunil Dutta Mishra
Bench: Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7451 of 2026
Arising Out of PS. Case No.-159 Year-2024 Thana- PIPRA District- East Champaran
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Bikash Sharma @ Bikash Kumar Son of Bash Deo Sharma @ Vasudev
Thakur Resident of Village- Chakaniya, P.S.- Pipra, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar.
2. XXX Son of Ramayodhya Sahni Resident of Village- Chakaniya, Ward No.
09, P.S.- Pipra, District- East Champaran
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate.
Mr. Jitendra Narain Sinha, Advocate.
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 05-05-20261. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Pipra P.S. Case No.159 of 2024 instituted under Sections 363 and 366A of the I.P.C. and under Section 8 of the POCSO Act.
3. As per the prosecution case, the informant had alleged that his minor daughter was kidnapped by the petitioner and other co-accused persons with intention to marry.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the victim is a major girl who had Patna High Court CR. MISC. No.7451 of 2026(4) dt.05-05-2026 2/3 eloped with the petitioner on her own sweet will as she was in a love affair with the petitioner since long. Learned counsel submits that the victim in her statement, has not made any allegation against the petitioner and she stated that due to love affairs she had eloped with the petitioner. He further submits that victim in her statement had also deposed that her age is 21 years and the Court had assessed her age about 18 years as well as in the medical report also, her age was assessed to be more than 19 years. Learned counsel submits that the F.I.R. has been lodged after delay of about 17 days without any plausible explanation. He further submits that the petitioner is a young boy of 25 years, having got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to Patna High Court CR. MISC. No.7451 of 2026(4) dt.05-05-2026 3/3 each to the satisfaction of the learned 7th District & Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari/ concerned Court in connection with Pipra P.S. Case No.159 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Ritik/-
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