Chhotu @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21143 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Chhotu @ Rahul Kumar S/O Kanhai Pandit @ Kanhai Pandey R/O MohallaDadarmandi, Guljarbag, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahista Praveen W/O Md. Jiyauddin R/O Mohalla- Dadarmandi, Guljarbag, P.S- Alamganj, Distt.- Patna.

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP For the Informant :

Ms. Priya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 06 of 2025, instituted for the offences punishable under Sections 75, 76 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner caught informant's minor daughter and touched her private parts and on raising alarm, the petitioner fled away from the spot.

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

Patna High Court CR. MISC. No.21143 of 2025(3) dt.15-07-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the victim was teasing the petitioner and when the petitioner warned and threatened her, a quarrel took place with the informant and retaliation of quarrel and threat given by the petitioner, he has been implicated falsely in this case. It is further submitted that the informant has refused for medical examination of the victim girl. It is next submitted that statement of the victim girl was not recorded soon after the alleged occurrence and after 26 days her statement is said to be recorded by the investigating officer. The petitioner is in custody since 03.01.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.21143 of 2025(3) dt.15-07-2025 3/3 below/concerned Court in connection with Alamganj P.S. Case No. 06 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T