Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53158 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- MASAUDHI District- Patna ====================================================== Guddu Kumar S/O Vijay Chaudhary @ Bijendra Chaudhary Resident of Sanghat Par, P.S.- Masaurhi, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Muskaan Kumari D/O Raju Chaudhary R/O Near Gandhi Maidan, P.S.- Masaurhi, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ambuj Kumar Chandra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita and Sections 3, 4 of the Protection of Children from Sexual Offences Act.

3. According to F.I.R., on 28.2.25 at about 6 PM, this petitioner called informant at Sanghat Par for some work and when informant went there, she was assaulted by the informant. It is further alleged that brother of the petitioner, namely, Ravishankar Kumar made physical relation with the informant on pretext of marriage, aborted her twice and thereafter, refused to marry.

Patna High Court CR. MISC. No.53158 of 2025(2) dt.13-08-2025 2/3

4. Learned counsel for the petitioner submits that specific accusation is against brother of petitioner who is alleged to have established physical relationship on pretext of marriage. So far this petitioner is concerned, he is only alleged to have assaulted informant with fists and slaps but there is no injury report on record to substantiate the allegation levelled against the petitioner. Petitioner has been made accused in this case merely because he is brother of co-accused Ravishankar Kumar. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge VII cum Special Judge (POCSO), Patna in connection with Masaurhi P. S. Case No. 193 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha

Patna High Court CR. MISC. No.53158 of 2025(2) dt.13-08-2025 3/3 Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T