Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52425 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- TEKARI District- Gaya ====================================================== Kanhaiya Kumar, aged about 27 years, (Male), S/o Sri Prem Kumar Gupta, R/o Village- Konch, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi W/o Dilip Ram R/o Village- Mayurwa, P.S.- Triveniganj, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 64(1), 85, 3(5) of the BNS, Section 3, 4 of the Dowry Prohibition Act, Section 4 and 8 of the POCSO Act and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2) (va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

3. As per allegation in the FIR, petitioner has abused the informant by caste abusing language and threatened to show lesson and he also offered to solemnize the marriage of the minor victim with his brother.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.52425 of 2025(3) dt.15-10-2025 2/2 submits that there is no occurrence as alleged in the present FIR has taken place and the case was lodged after a delay of several months and there is no explanation for delaying the present FIR. He next submits that the victim in her statements has not states anything against the petitioner in any manner and there is no specific allegation against the petitioner. Petitioner is in custody since 04.05.2025 and he has got no criminal antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In view of the aforesaid facts and circumstances as well as the fact that there is no specific allegation against the petition, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya ji in connection with Tekari P.S. Case No.199 of 2025.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T