Patna High Court
RITESH KUMAR MUKHIYA @ RITESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary bond and compliance with conditions.
Summary
The petitioner, Ritesh Kumar Mukhiya, was arrested in connection with a case alleging that he, along with co‑accused, lured a minor girl, stole ornaments and Rs.1,10,000, invoking Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 8 and 12 of the POCSO Act. The petitioner claimed innocence, stating that the victim left her home voluntarily, no allegation was recorded against him in the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, and he has no prior criminal record. The State opposed bail, while the petitioner’s counsel argued that the charges were vague and unsupported. Considering the length of custody since 21‑06‑2025 and the lack of substantive evidence, the Court inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions that a family member act as bailor and the petitioner appear at every trial date.
Issues considered
- Whether bail should be granted to an accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act.
- Whether the absence of a victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita warrants denial of bail.
- Whether the petitioner’s lack of prior criminal antecedents and the period of custody justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- sexual offences
- child protection
- criminal procedure
- Bharatiya Nyaya Sanhita
- POCSO Act
- victim statement
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77742 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
RITESH KUMAR MUKHIYA @ RITESH KUMAR S/O BANARSI
MUKHIYA @ BANARASHI MUKHIYA R/o Village- Purana Dih, P.S-
Harsidhi, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kalam Miyan S/o Late Dilu Miyan R/o Village- Vinvaliya, P.S- Govindganj,
Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Govindganj P.S. Case No. 155 of 2025, instituted for the
offences punishable under Sections 137(2), 96 of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 8 and 12 of the
POCSO Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons have lured the minor
daughter of the informant and she took away ornaments along
with Rs. 1,10,000/- cash from the house.
Patna High Court CR. MISC. No.77742 of 2025(3) dt.04-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
allegation levelled against the petitioner is general and omnibus
in nature. The petitioner has not committed any such offence as
alleged against him. It is next submitted that daughter of the
informant has left her house on her own will and the petitioner
has never committed any wrongful act with her. It is further
submitted that the victim has not levelled any allegation against
the petitioner in her statement recorded under Section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is in
custody since 21.06.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.77742 of 2025(3) dt.04-02-2026
3/3
below/concerned Court in connection with Govindganj P.S.
Case No. 155 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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