Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51388 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- SILAO District- Nalanda ====================================================== Dhiraj Kumar S/O Yogendra Ravidas R/O Village- Nepura, P.S- Silao, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amit Ravidas S/O Ramdev Ravidas R/O Village- Nepura, P.S- Silao, Distt.- Nalanda.

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, A.P.P.

Mr. Niranjan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Silao P.S. Case No. 39 of 2025, registered for the offences under Sections126(2), 115(2), 351(3), 76, 352 and 3(5) of the BNS and Section 8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner used to sexually harass the minor daughter of the informant while she had been going to her school. In one such occurrence, petitioner was called in the police station and he also furnished bonds. On the date of occurrence, the petitioner allegedly pulled the dupatta of the minor daughter of the informant. When the informant and his wife went to the house of the petitioner to make complaint they were assaulted with slaps and fists.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.51388 of 2025(2) dt.11-08-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant and petitioner are agnates and there is close relationship between them. The informant used to work as an agent of Sahara India and informant opened account of the petitioner and when the petitioner demanded money he started making excuses and several times quarrel took place between them. Learned counsel further submits that being aggrieved by the continuous demand of their money by the family of the petitioner, he has been falsely implicated with allegation that he pulled the dupatta of the victim girl. The petitioner is in custody since 05.05.2025 and he has no criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State and learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that despite furnishing bond before the police station, the petitioner has not refrained from his nefarious acts.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation which appears to be non-serious and further considering submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on

Patna High Court CR. MISC. No.51388 of 2025(2) dt.11-08-2025 3/3 furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumSpecial Judge (POCSO), Nalanda at Biharsharif/concerned court, in connection with Silao P.S. Case No. 39 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T