In ABC vs. The State of Bihar & Ors. (2025), Supreme Court's Division Bench of Justices B.V. Nagarathna and K.V. Viswanathan has notified September 12, 2025 as the date for hearing the challenge against the 7-page long order dated November 20, 2024 by Patna High Court's Division Bench of Justices Rajeev Ranjan Prasad and Ashok Kumar Pandey in Ricky Kumar @ Rikki Kumar vs. The State of Bihar & Anr. (2024). The respondent no. 2 before the High Court was the unnamed victim from Panchsil Nagar, Ward No.4, Barh, Patna. On May 13, 2025, the respondent No.2 had sought time to file counter affidavit in the Supreme Court. By way of last opportunity, one week’s time was granted to file counter affidavit. The respondent no, 2 is Ricky Kumar @ Rikki Kumar. Supreme Court order reads:"Not to be deleted from the notified date i.e. 12.09.2025."
Notably, the High Court's order records that by order dated September 19, 2024, notice was issued upon the respondent no.2 in the High Court and State was given an opportunity to file show-cause but neither any show-cause was filed on behalf of the State nor any prayer for adjournment was made and no one appeared on behalf of respondent no.2, the victim. The counsel of Ricky Kumar @ Rikki Kumar, the appellant had prayed for suspension of his sentence and release on bail during pendency of the appeal because he had been in incarceration for more than three years and his case was not likely to be heard in near future. The appellant was convicted by judgment dated April 27, 2024 and sentence order dated April 30, 2024 passed by Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Patna in Special (POCSO) case of 2021 for the offence under Section 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. He was ordered to undergo rigorous imprisonment for 20 years with a fine of Rs.25,000/- for the offence under Section 6 of the POCSO Act.
Justice Prasad concluded:"....we are of the view that in this case, the learned trial court has determined the age of the victim on the basis of school living certificate of the second school of the victim girl which is not in terms of the scheme of the Juvenile Justice Act, moreover, the victim girl has herself stated about the circumstances under which she was being beaten by her mother and brother and she has also stated that she had left her house on her own and had gone to Bakhtiyarpur from where she had gone to Hyderabad, the allegation of commission of rape is being made after more than a month of leaving of her house, she had never made this complaint to anyone, to any authority either at Hyderabad or at any other place and the Medical report of the Doctor (PW-5) is not corroborating the allegation of sexual intercourse, in these circumstances, this Court directs suspension of sentence and release of the appellant on bail during pendency of the appeal".
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