Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24323 of 2025 Arising Out of PS. Case No.-843 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Sonu Kumar S/O Late Upendra Yadav R/v - Chattarpur, P.S.- Bind, District -Nalanda.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Sonum Kumari D/O Late Bijendra Yadav, resident of - Kornawan Bazar, P.S. - Wena, District - Nalanda ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. P.N. Shahi, Senior Advocate Ms. Kumari Sujata Sinha, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-04-2025 Heard learned Senior Counsel for the petitioner and learned APP for the State.

2.

This application for grant of regular bail arises out of Bihar P.S. Case No.843 of 2024 registered for the offence punishable under sections 64(1) of the B.N.S., 2023 and under section 4/6 of the POCSO Act.

3.

As per the F.I.R., on 09.11.2024 at about 10:00 P.M. the petitioner entered into the house of the informant and forcibly committed rape with her. When the informant shouted, her neighbours came and caught hold the petitioner and handed over to the Police.

4.

It has been argued by learned Senior Counsel for the petitioner that the sister of the petitioner had lodged an F.I.R. vide Biharsharif P.S. Case No.844 of 2024 against six accused persons including the informant of the present case for

Patna High Court CR. MISC. No.24323 of 2025(2) dt.30-04-2025 2/2 the offence under sections 126(2), 115(2), 127(2), 74, 76, 303(2), 352, 3(5) of the B.N.S., 2023 and the present F.I.R. is the counter blast to the F.I.R. lodged by the sister of the petitioner.

5.

It has also been argued that the informant is not a minor because as per the Medical Board, the age of the informant is 19-20 years and as per the register of the Anganbari Centre, her age is 21 years. Further, the occurrence is said to have taken place on 09.11.2024 but the F.I.R. has been lodged on 11.11.2024 i.e. after a delay of two days. 6.

Considering the facts and circumstances of the case and also the submissions made on behalf of the petitioner, this bail application is allowed. 7.

Let the petitioner, above named, be released 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 A.D.J.-II-cum-POCSO-1, Naland at Biharshariff / concerned Court below, in connection with Bihar P.S. Case No.843 of 2024.

(Sandeep Kumar, J) pawan/- U T