Banty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66033 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Banty Kumar S/O Putush Paswan R/O Village- Mandilpur, P.S- Rahui, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushi Kumari D/O Sanjay Kumar R/O Rahui Block Colony, P.S- Rahui, Distt.- Nalanda.

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

For the Petitioner/s :

Mr.Rabi Bhushan For the State :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2026 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 126(2), 115(2), 329(4), 74, 76, 351 (3) and 352 of the BNS, read with Sections 8 and 12 of the POCSO Act, registered in connection with POCSO Case No. 78/2025, arising out of Rahui P.S.Case No. 257/2025.

3. According to allegation, while the victim was cooking meal, the petitioner entered into her house and started touching her body with an evil intention and also

Patna High Court CR. MISC. No.66033 of 2025(4) dt.31-01-2026 2/3 assaulted her with a stick. When the victim raised hue and cry, the petitioner ran away.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has remained in custody for eight months.

5. On the other hand, the learned counsel for the informant has submitted that three witnesses have been examined on behalf of the prosecution. A recall application has been filed on behalf of the defense which is pending.

6. The petitioner has remained in custody for eight months and bears clean antecedents.

7. Taking into consideration the above facts and circumstances, let the petitioner, above-named, 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 VIIth District Judge-cum-Special Judge, POCSO, Biharsharif, Naladna in connection with POCSO Case No. 78/2025 arising out of Rahui P.S.Case No. 257/2025, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available on each and every date in the court below and if he fails to appear on two consecutive dates, unless he is

Patna High Court CR. MISC. No.66033 of 2025(4) dt.31-01-2026 3/3 prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond. (Nawneet Kumar Pandey, J) HR/- U T