Suraj Kumar @ Golu Kumar @ Suraj Suraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12954 of 2026 Arising Out of PS. Case No.-203 Year-2025 Thana- MAHKAR District- Gaya ====================================================== Suraj Kumar @ Golu Kumar @ Suraj Suraj Son of Anil Chaudhary R/o Village - Bihta, P.S. - Mahkar, Dist. - Gaya Jee. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
xxxx C/o Guddu Das R/o Village - Bihta, P.S. - Mahkar, Dist. - Gaya Jee. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan, Advocate Mr. Sanjeev Kumar, Advocate Mr. Bidhib Rajkar, Advocate For the State :
Mr. Rajiv Nayan, APP For the Informant :
Mr. Mazharul Hassan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 329(4), 74, 75, 76, 352, 351(2) of the BNS, under Sections 8 & 12 of the POCSO Act and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the petitioner has entered in the house of the informant in night and has attempted to commit rape with the minor daughter of the informant. It is further alleged that when the family members awoke, the petitioner fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.12954 of 2026(3) dt.09-04-2026 2/3 from perusal of Annexure-A-2 it will transpire that a case has been filed against the informant and her husband regarding occurrence of 12.08.2025. It has further been submitted that during course of investigation the victim has given her statement under Section 183 of the BNSS wherein she has stated that on the date of occurrence the petitioner entered in the house; attempted to hold her; she awoke her family members and after that the petitioner fled away. The victim has further stated that the petitioner used to tease her whenever she goes to school and has further stated that he attempted to touch her inappropriately. Learned counsel for the petitioner has submitted that the as per the statement of the victim, the petitioner had attempted to touch her inappropriately only. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 29.10.2025.
5. Learned counsel for the Informant has vehemently opposed the bail application of the petitioner and has submitted that this is a case under POCSO Act.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.12954 of 2026(3) dt.09-04-2026 3/3 petitioner is directed to be released on bail in connection with Mahkar P.S. Case No. 203 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya Ji. (Ashok Kumar Pandey, J) durgesh/- U T