Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67558 of 2025 Arising Out of PS. Case No.-15 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Shravan Kumar S/o Sikandar Ravidas R/o Village - Ahiyapur Mushahari, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Devi W/o Mohan Paswan R/o - Jakhraj Sthan, P.S - Sheikhpura, District - Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Jee Mishra For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code & POCSO Act, 2012.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that her daughter aged about 10 years went to the market but did not return, next alleges that for few days petitioner along with others were threatening to kidnap her daughter and also to kill the family.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67558 of 2025(2) dt.07-10-2025 2/3 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that police after threadbare investigation came to a considered conclusion that petitioner is innocent, thus submitted final form exonerating the petitioner of the allegation as alleged in the FIR but then the learned Magistrate differing with the police report took cognizance and thus the petitioner apprehends arrest. It is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for a Court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner of the allegation. It is next submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.67558 of 2025(2) dt.07-10-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheikhpura P.S. Case No.15/2021 (POCSO Case No.6/2023), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T