Vivek KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21464 of 2026
                       Arising Out of PS. Case No.-3 Year-2026 Thana- MALSALAMI District- Patna
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                 Vivek Kumar S/o Ashok Ram Resident of Mohalla- East Nandgola, PS-
                 Malsalami, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    XXX D/o YYY R/o Vill - Purbi Nandgola, Arti Path, Bari Sangat, P.S-
                 Malsalami, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shashi Kant, Advocate.
                 For the State           :        Mr. Humayou Ahmad Khan, A.P.P.
                 For the O.P. No.2       :        Mr. Amit Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   04-05-2026                     Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no.2.

                                 2. The petitioner apprehends his arrest in connection

                   with Malsalami P.S. Case No.03 of 2026 for the offences

                   registered under Sections 126(2), 115(2), 74, 75, 79 of the B.N.S.,

                   2023 and Section 8/12 of POCSO Act.

                                 3. As per the prosecution case, the informant has

                   alleged that the petitioner had outraged her modesty in public.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case.

                   He further submits that there is inordinate delay in lodging the

                   F.I.R. without any plausible explanation causing the prosecution
Patna High Court CR. MISC. No.21464 of 2026(3) dt.04-05-2026
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          case doubtful. Learned counsel petitioner submits that the

          informant is major and due to some misunderstanding, she lodged

          the case against the petitioner, however, on realizing the same she

          filed compromise petition before the Court concerned wherein she

          had denied the allegation made in the F.I.R. He further submits

          that the informant has not received any injury and she was not

          medically examined. Learned counsel submits that petitioner is

          working as a labour, who has no criminal antecedent and he

          undertakes to cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State and learned counsel for

          the opposite party no.2 conceded the fact that the opposite party

          no.2 is major and she has filed the compromise petition before

          the Court concerned and they have no objection in granting the

          anticipatory bail to the petitioner.

                       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

          each to the satisfaction of the learned Special Judge, POCSO,

          Patna in connection with Malsalami P.S. Case No.03 of 2026,
              Patna High Court CR. MISC. No.21464 of 2026(3) dt.04-05-2026
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                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T