Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44064 of 2025 Arising Out of PS. Case No.-675 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Rajesh Kumar Son of Shobhi Prasad @ Sobhi Das Resident of Village - Lalji Bigha, Police Station - Islampur, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX Daughter of XXX Resident of village - Bira Kuwar, Police Station - Islampur, District - Nalanda.

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Islampur P.S. Case No. 675 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 75 and 351(3) of the BNS, 2023 read with Sections 8 and 12 of the POCSO Act.

3. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.44064 of 2025(3) dt.04-09-2025 2/3 petitioner is a person with clean antecedent and the informant alleges that she had gone to attend call of nature when petitioner came and started acting inappropriately, on objection, he threatened that he will rape and kill her and even assaulted her, since a passerby on a motorcycle was coming, hence, petitioner fled.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner and the informant were known to each other and were in love. It is also submitted that since the passerby saw them, as such, the informant instituted the present false case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is aged about 48 years and it does not appear probable that petitioner and the informant were in love. It is also submitted that the informant is a minor aged about 14 years and allegation is of acting inappropriately and threatening and of assault even. It is further submitted that from perusal of Annexure-2 to the anticipatory bail application, it would manifest that the same records that the informant suffered injuries, though were simple in nature. It is also submitted that it does not appear probable

Patna High Court CR. MISC. No.44064 of 2025(3) dt.04-09-2025 3/3 that a minor would falsely implicate the petitioner. It is next submitted that investigation is still continuing.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T