Manish Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24281 of 2025 Arising Out of PS. Case No.-379 Year-2023 Thana- SIMRI District- Buxar ====================================================== 1.

Manish Yadav @ Manish Kumar S/o- Ramashankar Yadav Village- Barun Po- Basudhar Ps- Itarhi Dist- Buxar 2.

Khnhiya Yadav @ Khnhiya Kumar S/o- Ramashankar Yadav Village- Barun Po- Basudhar Ps- Itarhi Dist- Buxar 3.

Amresh Yadav @ Amresh Kumar S/o- Ramashankar Yadav Village- Barun Po- Basudhar Ps- Itarhi Dist- Buxar 4.

Ritesh Yadav @ Nitesh Kumar S/o- Ramashankar Yadav Village- Barun PoBasudhar Ps- Itarhi Dist- Buxar 5.

Dinesh Yadav @ Dinesh Singh Yadav @ Dinesh Kumar S/o- Ramashankar Yadav Village- Barun Po- Basudhar Ps- Itarhi Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indu Kumari D/o- Bharat Yadav Village- Kazipur Po- Basudhar Ps- Simri Dist- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kumar Pandey For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 342, 323, 506, 376 & 120B of the Indian Penal Code and Section 6 of POCSO Act.

3. The Informant, namely Indra Kumari aged 16 years, alleged that on 16.12.2022, petitioner no. 5 (Dinesh

Patna High Court CR. MISC. No.24281 of 2025(3) dt.06-08-2025 2/3 Yadav) took her to Rajasthan by alluring her for marriage, made physical relation with her. Later on, she came to know that he is already married.

4. Learned counsel for the petitioners submits that entire prosecution case, as set out in F.I.R., is concocted and baseless. F.I.R. depicts that both of them i.e. informant and petitioner no. 5 (Dinesh Yadav) lived together, as husband and wife for more than three years. Even, in statement recorded under Section 164 Cr.P.C., the victim has categorically stated that she went alongwith this petitioner and during investigation, she refused to be medically examined. So far as other petitioners are concerned, they are full brothers of petitioner no. 5 and have got no concern with the alleged occurrence. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the statement of victim recorded under Section 164 Cr.P.C. and clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned District &

Patna High Court CR. MISC. No.24281 of 2025(3) dt.06-08-2025 3/3 Additional Sessions Judge 6th cum Special Judge, POCSO Act, Buxar in connection with Simri P.S. Case No. 379 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J) anay/- U T