Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45121 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Jyotish Kumar S/O Malhu Yadav @ Malhu Prasad Yadav R/O Village- Alouli, Ward No. 10, P.S- Alouli, Distt.- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Kumari D/O Anand Kumar R/O Ward No. 4, Sakin and P.S- Alauli, Dist.- Khagaria.

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

For the Petitioner/s :

Mr.Rohit Raj, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-07-2025 Heard Mr.Rohit Raj, learned counsel for the petitioner and Mr.Syed Ehteshamuddin, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Alouli P.S. Case No.56 of 2025, dated 06.02.2025 registered for the offences punishable under Sections 126(2),115(2),76,74,78,329,351(2),351(3) and 308(5) of Bhartiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act, 2012.

3. Allegation against the petitioner is that he crashed the door of the house of the informant and tried to molest her.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.45121 of 2025(2) dt.21-07-2025 2/2 present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner, apart from that, the statement of the victim was recorded under Section 164 of Cr. P.C./Section 183 of BNSS, 2023 in which she has categorically stated that the petitioner has committed wrong with her, apart from that, date of birth of the victim was recorded as 01.11.2011 which suggests that on the date of occurrence, the victim was minor and apart from that, the medical report also supports the allegation as alleged in the FIR.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Alouli P.S. Case No.56 of 2025 pending in the court of learned Special Judge (POCSO Act), Khagaria.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T