Prabhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73569 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- NAUGACHIA MAHILA P.S. DistrictBhagalpur ====================================================== Prabhu Kumar S/o Gurudev Singh R/o Village- Gola Tola Kadwa, P.S.- Dholbazza, Dist.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi W/o Santosh Kumar Shudansu R/o Village- Gola Tola Kadwa, P.S.- Kadwa, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-01-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Naugachia Mahila P.S. Case No. 39 of 2025, registered for the offences punishable under Sections 64, 351, 352, 3(5) of the BNS and Section 4 of the POCSO Act.

3. The prosecution case in brief is that on 10.06.2025 at about 11:30 PM, in absence of the informant, her minor daughter aged about 17 years alleged that the petitioner caught her while she went to the bathroom, took her to a hut (jhopari) gagged her mouth and forcibly committed sexual assault.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.73569 of 2025(3) dt.08-01-2026 2/2 this case. The victim called the petitioner, as transpires from her statement recorded under Section 183 of the BNSS. There was love and affection between the petitioner and the alleged victim. The petitioner is a person of clean antecedent and has been in custody since 12.06.2025.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of POCSO-cum-District & Additional Sessions Judge-VII, Bhagalpur in connection with Naugachia Mahila P.S. Case No. 39 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T