Tarun Kumar @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21443 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- KARTAHA District- Vaishali ====================================================== 1 .

Tarun Kumar @ Arun Kumar S/O Chandradeep Prasad Yadav R/O VillageGurmia, P.S- Kartaha, Distt.- Vaishali, (Hazipur). 2.

Barun Kumar S/O Chandradeep Prasad Yadav R/O Village- Gurmia, P.SKartaha, Distt.- Vaishali (Hazipur). ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Sita Devi W/O Mundrika Rai R/O Village and Post Office- Gurnia, P.SKartaha, Distt.- Vaishali (Hazipur), Pin Code- 844117. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lovekush Kumar , Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend his arrest in a case registered for the offence punishable under sections 329 (3) , 127 ( 2 ), 641 (1) , 352, 351 ( 2 ) of BNS.

3 . As per the prosecution case , co-accused Anuj Kumar committed rape upon the victim on the point of pistol and also threatened with dire consequences.

Patna High Court CR. MISC. No.21443 of 2025(2) dt.30-04-2025 2/3

4. It is submitted on behalf of the petitioners that these petitioners are own brother of co-accused Anuj Kumar against whom there is specific allegation of commission of rape and so far as these petitioners are concerned, there are only alleged to have abused and threatened the family members of victim and there is no allegation of any wrong against them. The F.I.R., has been lodged after inordinate delay of more than 2 months for which there is no explanation which itself casts serious doubt over the entire prosecution case .

5 . Learned counsel for the State opposed the bail petition .

6 Considering the fact that specific accusation is against co-accused Anuj Kumar who happens to be brother of these petitioners and there is no allegation of any wrong against these petitioners and circumstances of case , of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned district and Additional sessions Judge - VI - cum- Special Judge POCSO Act Vaishali at Hajipur in connection with Kartaha P.S. Case No. 121 of

Patna High Court CR. MISC. No.21443 of 2025(2) dt.30-04-2025 3/3 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T