Vikash KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3779 of 2026
                          Arising Out of PS. Case No.-67 Year-2025 Thana- GURUA District- Gaya
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                 Vikash Kumar S/o Rajesh Manjhi @ Rajesh Bhuiya R/o Village-
                 Shamsherkhap, PS- Amas, Dist- Gaya
                                                              ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Yashoda Devi W/o Ramashrey Manjhi R/o vill - Tamarua, P.S.- Gurua,
                  Distt.- Gaya
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahendra Thakur, Advocate
                 For the State            :        Mr. Shyameshwar Dayal, APP
                 For the O.P. No.2        :        Mr. Ram Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   13-07-2026                    Learned Counsel for the petitioner, learned Counsel

                   for the State and learned Counsel for the informant are present.

                                 2. The petitioner seeks regular bail in connection with

                   Gurua P.S. Case No. 67/2025, lodged on 14.02.2025 under

                   Sections 65(2), 62, 109 of Bharatiya Nyaya Sanhita, 2023 and

                   Sections 8 and 12 of Protection of Children from Sexual

                   Offences Act, 2012.

                                 3. As per the prosecution, it is alleged that the

                   petitioner tried to commit sexual assault upon the minor

                   daughter of the informant aged about six years.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. It is further

                   submitted that the petitioner has a clean antecedent. Learned
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          counsel contends that no offence of rape has been committed

          and, therefore, the ingredients of Section 65(2) of the Bharatiya

          Nyaya Sanhita, 2023 are not attracted. It is also submitted that

          the ingredients of Section 109 of the B.N.S., 2023 are not made

          out. According to the learned counsel, at the highest, the

          allegations may attract Sections 8 and 12 of the Protection of

          Children from Sexual Offences Act, 2012, under which the

          maximum prescribed punishment is three years. It is submitted

          that the petitioner has already remained in judicial custody for

          more than one year and five months, having been in custody

          since 15.02.2025.

                       5. Upon a specific query made by this Court regarding

          the date on which cognizance was taken and whether charges

          have been framed, learned counsel for the petitioner submits

          that he is not in a position to furnish the said particulars.

                       6. Learned counsel appearing for the informant

          vehemently opposes the prayer for bail and submits that the

          allegations attract Section 62 of the Bharatiya Nyaya Sanhita,

          2023 and, therefore, the petitioner does not deserve the privilege

          of bail.

                       7. Learned counsel for the State also opposes the

          prayer for bail. However, he fairly submits that, in terms of
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                   Section 35 of the Protection of Children from Sexual Offences

                   Act, 2012, the trial is required to be completed, as far as

                   possible, within one year from the date of taking cognizance of

                   the offence.

                                8. In the aforesaid background, this Court directs the

                   learned Trial Court to verify whether cognizance of the offence

                   has been taken and whether a period of one year has elapsed

                   from the date of such cognizance. If it is found that one year has

                   already elapsed from the date of taking cognizance, the

                   petitioner shall be released on bail forthwith on furnishing bail

                   bonds. However, if one year has not yet elapsed, the petitioner

                   shall be released on bail upon completion of one year from the

                   date of taking cognizance, on furnishing bail bonds of

                   Rs.30,000/- (Rupees Thirty thousand) with two sureties of the

                   like amount each to the satisfaction of learned Exclusive Special

                   Judge, POCSO cum Additional Sessions Judge VII, Gaya Ji, in

                   connection with Gurua P.S. Case No. 67/2025, subject to the

                   conditions as laid down U/s 480(3) of the B.N.S.S., 2023

                                9. With this direction, the present application stands

                   disposed off.


                                               (Dr. Anshuman, J)
Manshi/Ashwini
U      T