Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75553 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Suraj Kumar S/O Kapildev Das Resident of Village - Marpa Tahir, P.S. - Bairgania, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parvati Devi W/O Moti Lal Ram R/O Village - Marpa Tahir, P.s.- Bairgania, District - Sitamarhi.

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Mr.Rina Sinha, APP For the informant :

Mr. Dwij Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bairgania P.S. Case No. 153 of 2024 registered on 29.06.2024 for the offenses punishable under Sections 341, 376, 420, 504, 506, 34 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution, the petitioner alleged to have established physical relationship with the minor daughter of the informant. As a result of which, informant's daughter got pregnant and thereafter, the informant got the pregnancy of informant's daughter terminated forcefully. The petitioner

Patna High Court CR. MISC. No.75553 of 2024(3) dt.29-01-2025 2/3 established physical relationship with the victim continuously and ultimately denied to perform marriage with the victim.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, due to local village politics, the petitioner's name has been inserted in this case as the petitioner is not supporting the informant's party. The antecedent of the petitioner is clean and basically, the petitioner is a victim in this case.

5. Learned counsel for the informant submits that the entire allegation is true and correct. In this regard, the victim got her statement recorded under Section 164 of the Cr.P.C. before the Trial Court which has been duly acknowledge by the Trial Court in its order, at the time of hearing the anticipatory bail application of the petitioner. In this background, the bail application of the petitioner may be rejected.

6. Learned APP for the State vehemently opposes the prayer for bail and submits that the Trial Court in the rejection order has specifically observed that the victim of this case, in her statement recorded under Section 164 of the Cr.P.C., has made direct and specific allegation against the petitioner.

7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of

Patna High Court CR. MISC. No.75553 of 2024(3) dt.29-01-2025 3/3 the petitioner in connection with Bairgania P.S. Case No. 153 of 2024 , pending before the learned Additional Sessions JudgeVI-cum-Special Judge (POCSO Act), Sitamarhi, is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T