Nityanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65557 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- MOHANPUR District- Gaya ====================================================== 1.
Nityanand Kumar Son of Laldev Yadav Resident of Village- Itarhi, Panchayat- Matihani, P.S.- Mohanpur, District- Gaya 2.
Deepak Kumar Son of Prasad Yadav Resident of Village- Itarhi, PanchayatMatihani, P.S.- Mohanpur, District- Gaya 3.
Md. Ammu Mian @ Md. Nasim Alam Son of Hussain Miyan Resident of Village- Itarhi, Panchayat- Matihani, P.S.- Mohanpur, District- Gaya 4.
Md. Harun Mian @ Harun Rashid Son of Md. Araj Miyan Resident of Village- Itarhi, Panchayat- Matihani, P.S.- Mohanpur, District- Gaya 5.
Dilip Kumar Son of Bulkan Yadav Resident of Village- Itarhi, PanchayatMatihani, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Munni Devi Wife of Ravindra Paswan Resident of Village- Itarhi, Panchayat- Matihani, P.S.- Mohanpur, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-11-2025 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners apprehend their arrest in connection with Mohanpur P.S. Case No. 83 of 2024, registered for the offences punishable under Sections 341, 323, 354-B, 504, 506/34 of the Indian Penal Code and sections 08, 12 of the POCSO Act and sections 3(1)(r)(s)(w)(i), 3(2)(v-a) of the SC/ST (POA) Act.
Patna High Court CR. MISC. No.65557 of 2024(6) dt.10-11-2025 2/3
3. As per allegation, informant alleged that when her minor daughter went for natural call, meanwhile, all the F.I.R. named accused persons went to her and tried to rape her, when she screamed and after seeing the informant, they fled away.
4. By drawing attention towards the statement of the victim recorded u/s 164 Cr.P.C., the learned counsel for the petitioners has submitted that the victim didn't whisper a single word against the petitioners. She has stated that co-accused Chandan Kumar called her. She went to meet co-accused Chandan Kumar, she wanted to solemnize marriage with coaccused Chandan Kumar. Petitioners are the persons of clean antecedent.
5. On the other hand, the learned counsel for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances and clean antecedent of the petitioners, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-POCSO-cumAddl. Sessions Judge-VII, Gaya in connection with Mohanpur
Patna High Court CR. MISC. No.65557 of 2024(6) dt.10-11-2025 3/3 P.S. Case No. 83 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023. (Nawneet Kumar Pandey, J) Ranjeet/- U T