Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79119 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Ajeet Kumar, aged about 27 years, Gender-Male, Son of Tej Narayan Singh, Resident of Village-Bhanpur, PS -Dinara, Distt.-Rohtas, Bihar ... ... Petitioner
Versus
1.
The State of Bihar 2.
Dharmendra Kumar, aged-not known, Gender-Male, Son of Shri Gauri Shankar Prasad, Resident of Neora Colony, Quarter No. 511/B, P.S.- Khagaul, Distt.- Patna ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Khagaul P.S. Case No. 197 of 2024/Special (POCSO) Case No. 200 of 2024 dated 27.06.2024 registered for the offences punishable under Sections 341, 342, 323, 376/ 511 of the I.P.C. and Sections 8 and 10 of the POCSO Act.
3. As per the prosecution case, the petitioner is a Physical Teacher in the 'Christ Church Disuaan School, Khagaul, Patna, and the informant's minor daughter was also a student of Class-Xth in the said school. It is further alleged that on 25.06.2024, the petitioner called the minor daughter of the
Patna High Court CR. MISC. No.79119 of 2024(6) dt.14-07-2025 2/3 informant in his rented house situated in 'Khoja Imali, Phulwari Shariff', Patna and tried to commit rape on her. Anyhow, she saved herself and fled away from there.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no overtact alleged against the petitioner. It is further alleged that the alleged occurrence took place on 25.06.2024 and the F.I.R. has been lodged on 27.06.2024 and for the delay in lodging the F.I.R. no explanation has been given by the prosecution. It is further submitted that on 27.06.2024, the petitioner was assaulted by the family members of the informant and when he approached before the police station to register a case, then police instead of instituting the case arrested him in connivance with the informant.
There is no independent or eye witness to the alleged offence and the witnesses who supported the prosecution case are interested witnesses or close family members of the informant. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the minor daughter of the informant denied to be medically examined by the doctor. The charge sheet has been submitted in the present case.
Patna High Court CR. MISC. No.79119 of 2024(6) dt.14-07-2025 3/3 paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 28.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum-Special Judge, POCSO ActVII, Patna in connection with Khagaul P.S. Case No. 197 of 2024/Special (POCSO) Case No. 200 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T