Patna High Court
CR. MISC./28727/2026 of Vivek Chandra Gupta Vs The State of Bihar on 11 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28727 of 2026 Arising Out of PS. Case No.-30 Year-2024 Thana- MAHILA PS District- Khagaria ====================================================== Vivek Chandra Gupta S/o Bhola Prasad Gupta Resident of Village - Kali Mandir Gali, Ward No. 19,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28727 of 2026
Arising Out of PS. Case No.-30 Year-2024 Thana- MAHILA PS District- Khagaria ======================================================
Vivek Chandra Gupta S/o Bhola Prasad Gupta Resident of Village - Kali Mandir Gali, Ward No. 19, PS - Khagaria, District - Khagaria
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
XXX D/o YYY R/o Village - Anda Toli Gali, Ward No. 18, P.S and District - Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Santosh Kumar Singh
For the Opposite Party/s :
Ms. Sharda Kumari
For the Opposite party no. 2
Mr. Dhiraj Sagar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
11-06-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 65, 62, 351(2),351(3) of the B.N.S and 4 POCSO Act.
3. Petitioner is said to have tried to commit rape with the informant.
4. Learned counsel for the petitioner submits that the present case has been lodged with malafide as prior to the present case, the mother of the petitioner had lodged a case bearing Khagaria P.S. Case No. 320 of 2024 on 13.06.2024 against the informant of the present case and only to save herself from the said case, the present case was lodged by using Patna High Court CR. MISC. No.28727 of 2026(3) dt.11-06-2026
the victim. It is further submitted that the present FIR has been lodged after a delay of two days, inasmuch as the occurrence is said to have taken place on 03.07.2024, while the FIR was lodged on 05.07.2024 after due thought and deliberation. The statement of the victim recorded under Section 183 of BNSS does not refer to earlier instances as referred to in the First Information Report and only makes a reference to one incident. However, it has not been stated that any sexual intercourse was committed with her. The medical report also indicates no mark of violence was present all over the body and genitalia of the victim and her age was assessed to be between 18 to 19 years. It is further submitted that due to interference of well-wishers, the cases on both the sides have been compromised and a compromise petition (Annexure-P/4) has been brought on record. The petitioner is in custody since 18.03.2026 without any criminal history.
5. Learned APP for the State opposes the prayer for bail. However, the learned counsel appearing for the informant supports such compromise.
6. Taking into consideration the facts and circumstances of the case and also considering the factum of compromise between the parties, let the above named petitioner Patna High Court CR. MISC. No.28727 of 2026(3) dt.11-06-2026
be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case no. 30/2024.
devendra/- (Soni Shrivastava, J) U T