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Patna High Court

Rishikesh GiriversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner.

Summary

The petitioner, Rishikesh Giri, was arrested on 26 August 2025 in connection with a case involving alleged sexual relations with a minor under false pretence of marriage. He faces charges under IPC sections 376, 313, 341, 323, 504, 506, 34 and POCSO Act sections 4 and 6. The petitioner claimed a clean antecedent and alleged false implication, seeking bail. The State opposed bail, highlighting the victim's statement recorded under Sections 161 and 164 of the Cr.P.C., confirming the victim was a minor at the time of the alleged offence. The court noted the seriousness of the allegations and the specific victim testimony, and consequently refused the bail petition.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving multiple serious offences and a minor victim.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault of minor
  • IPC
  • Cr.P.C.
  • bail refusal
  • minor victim

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20385 of 2026
                       Arising Out of PS. Case No.-652 Year-2024 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Rishikesh Giri Son of Ram Rekha Giri Resident of Village- Kandh Bahuara,
                 P.S.- Karakat, District-Rohtas at Sasaram.              ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     XXX D/o- Y Resident of Pyarelal Colony, Gali No.1, House No.41, P.S.-
                  Sahibabad, District-Gaziyabad (U.P.).
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chhote Lal Mishra, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                     Heard Mr. Chhote Lal Mishra, learned counsel for

                   the petitioner and Ms. Sangeeta Sharma, learned A.P.P. for the

                   State.

                                   2. The petitioner seeks bail, who is in custody since

                   26.08.2025 in connection with Karakat P.S. Case No. 652 of

                   2024, FIR dated 17.12.2024 registered for the offence under

                   Section 376, 313, 341, 323, 504, 506, 34 of the Indian Penal

                   Code and Sections 4,6 of POCSO Act.

                                   3. Accordingly, to prosecution case, the informant

                   alleged that the petitioner used to make physical relation with

                   her on false pretext of marriage.

                                   4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent and he has

                   falsely been implicated in this case. He further submits that the
            Patna High Court CR. MISC. No.20385 of 2026(2) dt.26-03-2026
                                                        2/2




                      allegation as alleged in the F.I.R. is false and fabricated and the

                      petitioner has not committed any offences as alleged in the F.I.R

                      and the petitioner is rotting in judicial custody since 26.08.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      has vehemently opposed the prayer for bail of the petitioner and

                      submits that statement of the victim was recorded under Section

                      161 and 164 Cr.P.C in which she has fully supported the case of

                      the prosecution and date of birth of the victim is 15.12.2001 and

                      the alleged incident is stated to have commenced in 2019, which

                      indicates that the victim was a minor at the time of the

                      occurrence.

                                      6. Considering the aforesaid fact that there is direct

                      and specific allegation against the petitioner supported by

                      statement of the victim, I am not inclined to enlarge the

                      petitioner on bail in connection with Special Judgev(POCSO),

                      Rohtas, Sasaram pending in the Court of Karakat P.S. Case No.

                      652 of 2024,.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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