Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3128 of 2025 Arising Out of PS. Case No.-161 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== 1.

Rahul Kumar Singh S/o- Raj Kumar singh Village- Tengaha Ps- Khajauli Dist- Madhubani 2.

Vishal Kumar Singh @ Vishal Datt Singh S/o- Arun Kumar Singh VillageTengaha Ps- Khajauli Dist- Madhubani 3.

Rajesh Kumar Singh S/o- Shiv Kumar Singh Village- Tengaha Ps- Khajauli Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anushaka Kumari D/o- Dev Kumar Singh Village- Tengaha Ps- Khajauli Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Surendra Prasad Singh- A.P.P.

Mr. Indra Deo Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2025

1. Heard learned counsel for the petitioners, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 76, 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 01.08.2024 at 6.40 A.M. while she was

Patna High Court CR. MISC. No.3128 of 2025(3) dt.08-05-2025 2/3 going for the coaching when she was intercepted by 4-5 accused thereafter Ram Lagan and Sanjay ordered to lift her, on which Rahul, Vishal and Rajesh started acting inappropriately, on alarm accused persons fled away.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from bare perusal of the allegation as alleged in the FIR, the same does not inspire confidence for the reason that it does not appear probable that five accused would have intercepted the informant and thereafter, two would have ordered to lift her and thereafter, three accused would have acted inappropriately and merely on alarm, all the accused would have fled. It is further submitted that a specific pleading has been made at Para-8 of anticipatory bail application that mother of the victim Gayatri Devi had cheated the family members of the petitioners and others and had taken Rs.60,000/- from each of the persons in the name of Modi Care Fund and misappropriated the amount and when she was confronted, the present false case came to be instituted.

5. Learned counsel for the informant as well as learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.3128 of 2025(3) dt.08-05-2025 3/3 counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-6th-cum-Special Judge, POCSO Act, Madhubani in connection with Khajauli P. S. Case No.161 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T