Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46049 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Anand Kumar S/o- Arun Mahto @ Arun Mahato Village- Shyampur Baithaniya Ps- Majhauliya Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalmati Devi W/o- Rakesh Mahto Village- Sugaon Dih Ps- Sugauli DistEast Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sugauli P.S. Case No. 151 of 2025, instituted for the offence under Sections 96, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.

3. The case of the prosecution is that the petitioner along with others had kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46049 of 2025(2) dt.05-08-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that there is no specific allegation against the petitioner. He further submits that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that from perusal of the order of the trial court, it transpires that the victim has given her statement under Section 183 of the BNSS and in her statement, she has stated that she when she was sleeping on the date of the alleged occurrence, at that time, her friend Sita Kumari woke her up and told her to come at door. When she came at the door, the petitioner kidnapped her by putting a cloth over her mouth and also sexually assaulted her after taking her to a room later on. There is direct allegation against the petitioner of kidnapping the minor daughter and that of sexually assaulting her.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is not inclined to enlarge the petitioner on bail. 7.Accordingly, the present anticipatory bail

Patna High Court CR. MISC. No.46049 of 2025(2) dt.05-08-2025 3/3 application of the petitioner is hereby rejected. (Ashok Kumar Pandey, J) Sudhanshu/- U T