Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52849 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- SOHSARAI District- Nalanda ====================================================== Niraj Kumar S/o- Umesh Prasad Verma @ Umesh Verma R/o - Chhoti Pahari, P.S - Sohsarai, District - Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Kumari D/o- Late Azad Noniya R/o - Chhoti Pahari, P.S - Sohsarai, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Sohsarai P.S. Case No. 99 of 2025 registered for the offence under Sections 137(2), 64, 3(5) of BNS and Section 4 and 6 of POCSO Act.
3. The petitioner is named in the F.I.R. and is in custody since 20.04.2025.
4. The allegation against the petitioner is to establish physical relationship with informant aged about 17 years for last 3 years prior to lodging of FIR where petitioner also alleged to solemnize marriage with informant in some
Patna High Court CR. MISC. No.52849 of 2025(3) dt.17-11-2025 2/3 temple in Hyderabad, whereafter when they arrived to their home the informant was not allowed to join her matrimonial home by the parents of this petitioner.
5. Learned counsel appearing on behalf of the petitioner submitted that apparently as per FIR the informant was in relationship with petitioner for 3 long years prior to lodging of this FIR. It is submitted that petitioner solemnized marriage with informant and he is willing and also ready to continue the marriage with informant. It is submitted that due to parental interference the present false case was raised. It is also submitted that the informant was of 17-18 years whereas in actual she is major. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant submitted that if petitioner is ready to accept informant as wife and ready to lead his married life with informant then he has no objection to prayer of bail.
Patna High Court CR. MISC. No.52849 of 2025(3) dt.17-11-2025 3/3
7. In view of aforesaid factual submission and by taking note of fact as petitioner affirmed the marriage with informant, where allegation appears to be raised particularly in the background of live-in-relations which was admittedly for long 3 years prior to lodging of this FIR, coupled with fact that investigation of this case already completed where petitioner remains in custody since 20.04.2025, accordingly petitioner above named, is directed to be released on bail in connection with Sohsarai P.S. Case No. 99 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th District Judge cum Special Judge POCSO, Nalanda at Bihar Sharif /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T