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Patna High Court

Harkesh Bharti @ Harikesh Bharti @ Harikesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs. 10,000 and two sureties, in accordance with Section 438(2) of the CrPC and Section 482 of the BNS Act.

Summary

The petitioner, Harkesh Bharti, sought relief from anticipated arrest in a case (Bhita​ha P.S. Case No. 74 of 2025) alleging offences under several sections of the Bihar Narcotic and Sexual Offences (BNS) Act, 2023 and the POCSO Act, including abduction of a minor. The prosecution alleged that the petitioner abducted the victim and took her to a field. The petitioner contended that he was falsely implicated and that the victim’s statement under Section 183 of the BNS indicated a consensual relationship with him. The Court examined the bail application, considering the nature of the allegations and the petitioner’s claim of innocence. It allowed the application, directing that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNS Act.

Issues considered

  • Whether bail should be granted to the petitioner pending trial in the abduction and POCSO offences.
  • Whether the petitioner is likely to flee or tamper with evidence.
  • Whether the allegations constitute a non‑bailable offence under the BNS Act and POCSO Act.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • POCSO Act
  • abduction
  • false implication
  • relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63321 of 2025
                   Arising Out of PS. Case No.-74 Year-2025 Thana- BHITAHA District- West Champaran
                 ======================================================
                 Harkesh Bharti @ Harikesh Bharti @ Harikesh Kumar Son of Triveni Ram
                 Resident of Village - Binahi, Police Station - Bhitaha, District - West
                 Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Dinesh Kumar Son of Prahalad Ram Resident of Village - Binahi, Police
                 Station - Bhitaha, District - West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kr Singh No. 1
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh
                 For the Informant        :       Mr. Bimlesh Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Bhitaha P.S. Case No. 74 of 2025 registered for

                   the offence under Sections 75, 352, 126(2), 115(2), 351(3) and

                   3(5) of the BNS, 2023 and under Section 8 and 12 of the

                   POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of abducting the victim and taking her to a field.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that from the
          Patna High Court CR. MISC. No.63321 of 2025(5) dt.21-01-2026
                                                      2/2




                    statement of the victim girl under Section 183 of the BNSS, it

                    appears that the girl was in a relationship with the petitioner.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Bhitaha P.S. Case No. 74 of

                    2025, subject to the conditions laid down in Section 438(2) of

                    the Code of Criminal Procedure, 1973 / Section 482 of the

                    BNSS.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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