Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15140 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Sanjay Kumar S/O Shivdani Mahto R/O Village- Brindawan, P.S- Ariyari, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Victim D/O Santosh Kumar R/O village- Parnambigha, P.S- Sarmera, Distt.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Abhay Kumar Roy For the Informant :

Mr. Rajesh Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarmera P.S. Case No. 166 of 2024 (POCSO Case No. 118 of 2024) dated 04.08.2024 registered for the offences punishable u/ss 376, 313 of the IPC and section 7/8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant forcefully on the pretext of marriage and also aborted her pregnancy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.15140 of 2025(4) dt.30-07-2025 2/2 this case. The victim is the sister-in-law of the brother of the petitioner. It is further submitted that the petitioner has been implicated in this case only by planning for marriage of the victim with the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.01.2025 .

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl and there is specific allegation against the petitioner of committing rape on her forcefully and as a result of which the victim has become pregnant.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the application stands rejected.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) guddukr/- U T