Dharmendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52022 of 2025 Arising Out of PS. Case No.-168 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Dharmendra Chaudhary S/O Sanjay Chaudhary R/O Vill.- Gonawan, P.S.- Manpur, District- Nalanda ... ... Petitioner
Versus
1.
The State of Bihar 2.
Sunaina Kumari D/O Late Kapindra Yadav R/O Vill.- Gonawan, P.S.- Manpur, District- Nalanda ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Manpur P.S. Case No. 168 of 2024 registered for the offences under Sections 126(2), 115(2), 74, 79 of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 8/12 of the POCSO Act.
3. The accused/petitioner is named in the First Information Report and is in custody since 08.05.2025.
4. As per FIR, while the informant had gone to attend the call of nature at about 8:00 A.M., the petitioner caught and assaulted her by fists and slaps, when she raised
Patna High Court CR. MISC. No.52022 of 2025(3) dt.15-11-2025 2/3 alarm, her brother came there and taken her to nearby chemist shop for treatment.
5. It is submitted by learned counsel appearing on behalf of the petitioner that face of FIR suggests that this is a case of physical assault and out of oblique motive petitioner implicated with the present offence punishable under POCSO Act.
6. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such there is no chance of tampering with evidence.
7. Learned A.P.P. for the State duly assisted by learned counsel appearing for the informant, while opposing the prayer for bail of the petitioner, submitted that allegation is specifically available against the petitioner.
8. In view of aforesaid factual submission and by taking note of the fact as FIR suggests only physical assault prima facie without having any sexual intent, coupled with the fact that petitioner, who is a man of clean antecedent,
Patna High Court CR. MISC. No.52022 of 2025(3) dt.15-11-2025 3/3 remains in custody since 08.05.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Biharsharif, Nalanda/concerned court, in connection with Manpur P.S. Case No. 168 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T