Patna High Court
Rishikesh GiriversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 313, 323, 34, 341, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.