Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24475 of 2025 Arising Out of PS. Case No.-929 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Prashant Kumar son of Brijesh Prasad Resident of village -Purvi Farwa, Amwa Majhar Ps -Muffasil District -West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akshay Sharma son of Sanjay Sharma Resident of village -Purvi Farwa, Ward no. 6 Amwa Majhar Ps -Muffasil District -West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bettiah Mufassil P.S. Case No. 929 of 2022 registered for the offence punishable under Section-363 of the Indian Penal Code and 8/12 of the POCSO Act.

3. Allegedly, the younger daughter of the informant left her house for attending the coaching centre but she did not return. On query, it came to his knowledge that on that very day, the victim could not go to coaching centre.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.24475 of 2025(4) dt.19-11-2025 2/2 did not support the prosecution case.

5. Learned counsel appearing for the State has opposed the prayer for anticipatory bail.

6. The statement of the victim was called for from the court below, which is available with the record, perusal of which shows that she was present before the Magistrate alongwith her mother at the time of jotting down of her statement under Section 164 of the Cr. P.C. She stated that her family members settled her marriage in a relation, which was not acceptable by the victim and then, she called the petitioner and went with him. In her statement recorded under Section 164 of the Cr.P.C., the victim did not level any kind of misdeed against the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender within four weeks before the court below 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 learned Special Judge, POCSOcum-A.D.J.-VI, West Champaran, Bettiah in connection with Bettiah Mufassil P.S. Case No. 929 of 2022 subject to the conditions as laid down u/S 438(2) of the Cr.P.C./ 482(2) of the B.N.S. S. (Nawneet Kumar Pandey, J) A.K.V.//- U T