Chhotu Kumar @ Shahil Kumar @ Sahil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10336 of 2026 Arising Out of PS. Case No.-502 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Chhotu Kumar @ Shahil Kumar @ Sahil Kumar S/o Satyendra Kumar @ Satyendra Mahto R/o Village- Nakhas Mangal Akhara, P.S- Malsalami, DistPatna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXX W/o Late Sukdev Kumar R/o Village- Nakhas Mangal Akhara, P.SMalsalami, Dist- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP Ms. Nitu Kumari Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 502 of 2025, instituted for the offences under Sections 126(2), 115(2), 352, 351(3), 3(5) of the B.N.S. and Section 8/12 of the POCSO Act.
3. As per the prosecution case, petitioner along with three other co-accused persons are alleged to have surrounded the minor daughter of informant and molested her when she was going to market. When the informant gone to complain this matter to his house his cousin sister Munni Kumari and other co-accused persons assaulted her and also threatened to kill her.
Patna High Court CR. MISC. No.10336 of 2026(3) dt.06-05-2026 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Allegation is general and omnibus against four accused persons. It is submitted that informant was renter in the house of petitioner and due to nonpayment of arrears of rent, informant's side were evicted from the said house and due to inimical term with the petitioner's side, false case has been lodged against the petitioner. Petitioner is a student aged about 19 year having no criminal antecedent. Petitioner was not present on the place of occurrence. Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and clean antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge VII cum Exclusive Special Judge, POCSO, Patna in connection with Malsalami P.S. Case No. 502 of 2025, subject
Patna High Court CR. MISC. No.10336 of 2026(3) dt.06-05-2026 3/3 to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J) rakhi/- U T