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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused bail to the petitioner, holding that the seriousness of the offences precludes release on bail.

Summary

The petitioner, Vikash Kumar, was charged with rape, attempted rape, criminal intimidation, offences under the Protection of Children from Sexual Offences Act and the Information Technology Act for allegedly deceiving a minor into a sexual relationship, recording a video, demanding money, and threatening to release the video. He applied for bail before the Patna High Court. The court examined the seriousness of the allegations, noting the involvement of a minor and multiple serious offences. Considering the nature and gravity of the accusations, the court rejected the bail application. The petitioner, who has been in custody since 19 September 2025, was directed that the trial be expedited.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under IPC Sections 376, 386, 506, POCSO Sections 4, 6 and IT Act Section 67

Legislation cited

Subjects

  • bail
  • rape
  • child sexual offence
  • extortion
  • criminal intimidation
  • IT Act
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84704 of 2025
                     Arising Out of PS. Case No.-587 Year-2023 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Vikash Kumar S/o Raj Kumar Sahni R/o Village- Nirpur, P.S- Sahebganj,
                 Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X Wife of Y Resident of Village- Bahilwara Gangoliya, P.S.- Saraiya, Distt.-
                 Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashi Bhushan Kumar
                 For the Opposite Party/s :        Mr.Ganesh Prasad Singh
                                                   Mr. Raju Kumar and Shubham Sam for OP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                     Heard learned counsel for the petitioner, learned

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

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 376, 386, 506 of the Indian Penal Code,

                   Sections 4, 6 of the Protection of Children from Sexual Offences

                   Act and Section 67 of the Information Technology Act.

                                3. It is alleged that on the false promise of marriage,

                   this petitioner established physical relation with minor daughter

                   of informant and made video of the same. Thereafter, this

                   petitioner demanded Rs. 10 lacs to solemnize the marriage and

                   also threatened to make the aforesaid video viral if the same was

                   not paid to him.
             Patna High Court CR. MISC. No.84704 of 2025(2) dt.27-01-2026
                                                         2/2




                                    4. Considering the nature of accusation, the prayer

                       for bail of petitioner is rejected. However, since petitioner is in

                       custody since 19.09.2025, the learned trial court is directed to

                       expedite the trial.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T


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