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Patna High CourtCR. MISC./63747/2025bail granted

Sunil Kumar Thakur @ Sunil Thakur v. The State Of Bihar

2025-09-22Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63747 of 2025 Arising Out of PS. Case No.-16 Year-2023 Thana- COMPLAINT CASE - MUZAFFARPUR(EAST) District- Muzaffarpur ====================================================== 1.

Sunil Kumar Thakur @ Sunil Thakur Son of Late Sitaram Thakur R/o Village - Jhaphadih, P.S. - Ahiyapur, Dist. - Muzaffarpur. 2.

Ram Kumar @ Ram Kumar Thakur Son of Sunil Kumar Thakur R/o Village - Jhaphadih, P.S. - Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Suniti Devi Wife of Ganesh Kumar Mahto R/o Village - Jhapadih, P.S.- Ahiyapur, Dist. - Muzaffarpur.

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 323, 342 and 354 of the Indian Penal Code and Sections 8 and 12 of POCSO Act.

3.

Learned counsel for the petitioners submits that petitioners have antecedent of one case and the complainant alleges that Raj Kumar keeps bad eyes on her minor daughter, further on 174-2025 at 4 pm Raj Kumar entered her house and started acting inappropriately with her daughter, on which she raised alarm, accordingly complainant came and saw that he was trying to commit

Patna High Court CR. MISC. No.63747 of 2025(2) dt.22-09-2025 2/3 rape, thereafter she along with her daughter went to the house of accused and complained to his father, on which accused persons abused them and assaulted them and disrobed the complainant, thereafter on same day at 8 pm accused persons came and assaulted her husband and brother and snatched chain and mobile of her brother, further police came and at the instance of accused took her and her brother to police station but later released them. 4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the complainant. It is next submitted that the side of the petitioners also instituted complaint case no. 15 of 2023 under various sections of the IPC and POCSO against the complainant and her side. It is further submitted that the instant complaint case was instituted by way of counter-blast. It is next submitted that in Complaint Case No. 15 of 2023, the complainant had alleged against the husband and brotherin-law of the complainant that they acted inappropriately with his minor daughter, accordingly the instant complaint case came to be instituted by the instant complainant whose husband is an accused in Complaint Case No. 15 of 2023. It is submitted that in Complaint Case No. 15 of 2023, cognizance has been taken.

Patna High Court CR. MISC. No.63747 of 2025(2) dt.22-09-2025 3/3 complainant, in that event the complainant and her daughter would not have gone to the house of Raj Kumar to complain against him rather would have approached the police station or would have informed the neighbours.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 16 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T