Patna High Court

Vikki Kumar @ Bikki Parmar@ Vikky KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Vikki Kumar applied for anticipatory bail after being implicated in a rape case (Mau P.S. Case No. 96 of 2025) under Section 70(2) of the B.N.S., provisions of the SC/ST (POA) Act and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the petitioner committed rape, but the victim's statement recorded under Section 183 of the B.N.S. did not corroborate the FIR. The petitioner asserted his innocence, highlighted the absence of any criminal antecedent, and sought protection from arrest. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the B.N.S.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged rape under the POCSO and SC/ST (POA) Acts.
Whether the victim's statement under Section 183 of the B.N.S. undermines the FIR and justifies bail.
Whether the petitioner’s lack of prior criminal record warrants the grant of bail.

Legislation cited

B.N.S. — s. 183, 482, 70(2)
Code of Criminal Procedure, 1973 — s. 438(2)
POCSO Act — s. 4, 6

Subjects

anticipatory bail
rape
POCSO Act
SC/ST (POA) Act
Section 438 CrPC
Section 482 B.N.S.
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65500 of 2025
                            Arising Out of PS. Case No.-96 Year-2025 Thana- Mau District- Gaya
                 ======================================================
                 Vikki Kumar @ Bikki Parmar@ Vikky Kumar Son of Babban Singh Resident
                 of Village - Rewai, P.S.- Mau, District - Gaya.
                                                                      ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.     Nirma Kumari @ Gori Kumari Daughter of Ramji Manjhi Resident of
                  Village - Rewai, P.S.- Mau, District - Gaya.
                                                               ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Krishna Prasad Singh, Sr. Advocate
                                                   Mr. Rakesh Singh, Advocate
                 For the Opposite Party :          Mr. Binay Krishna, APP
                 For the Informant      :          Mrs. Kumari Smita Soni, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                        Heard, Mr. Krishna Prasad Singh learned senior

                   counsel for the petitioner, learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mau P.S. Case No. 96 of 2025 for the offences punishable

                   under Section 70(2) of the B.N.S., Sections 3(1)(r)(W-1), 3(2)

                   (v) of the SC/ ST (POA) Act and Sections 4 and 6 of the

                   POCSO Act.

                                3. As per the prosecution case, the allegation against

                   the petitioner is of committing rape on the victim.

                                4. It has been submitted by the learned senior counsel

                   for the petitioner that the petitioner is innocent and he has

                   falsely been implicated in this case. The victim girl in her

                   statement recorded under Section 183 of the B.N.S.S. has not
             Patna High Court CR. MISC. No.65500 of 2025(3) dt.21-01-2026
                                                         2/2




                       supported the F.I.R. and has not alleged illegal act against the

                       petitioner.

                                     5. He further submits that the petitioner has no

                       criminal antecedent.

                                     6. Learned counsel for the informant and learned

                       A.P.P. for the State vehemently opposed the prayer of

                       anticipatory bail of the petitioner.

                                     7. Considering the aforesaid facts, this application is

                       allowed.

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

                       his/her 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 Exclusive

                       Special Judge, POCSO cum District and Additional Sessions

                       Judge-VII, Gaya in connection with Mau P.S. Case No. 96 of

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

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

                       B.N.S.S.



                                                        (Sandeep Kumar, J)
atul/-

U        T

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