Raghuveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73100 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Raghuveer Kumar Son of Late Bigu thakur Ward no. 5, Vill.- Asogi, P.S.- Bairgania, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

X Daughter of Jitendra Singh, R/o Vill.- Asogi Ward no. 05, P.S.- Bairgania, Dist.- Sitamarhi.

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bairgania P.S. Case No.97 of 2023 instituted under Sections 354, 354(B) & 506 of the Indian Penal Code and under Section 8 of the POCSO Act.

3. As per the prosecution case, when the informant was alone in her house, the petitioner entered in her room and molested her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner and his father worked in the house of victim and due to dispute with respect to

Patna High Court CR. MISC. No.73100 of 2024(2) dt.23-10-2024 2/2 labour cost, this false case has been filed with ulterior motive to harass in the concocted case. Learned counsel submits that the alleged occurrence took place on 05.04.2023, however, the F.I.R. has been lodged after 6 days without any plausible explanation. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.D.J. VI-cum-Special Judge POCSO Act, Sitamarhi in connection with Bairgania P.S. Case No.97 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T