Dhirendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75563 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Dhirendra Kumar, S/o Kokil Yadav, Resident of Village-Jankidih, P.S.- Bannubagicha, District- Lakhisarai ... ... Petitioner
Versus
1.
The State of Bihar 2.
X W/o Y R/o village-Jankidih, Beldaria, P.S.- Bannubagicha, Distt. - Lakhisarai ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Pranav Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate For the Opposite Party State:
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bannubagicha P.S. Case No.19/2025 registered under Sections 127(1), 115(2), 75, 76, 64, 62, 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per the FIR, allegation against the petitioner is to commit sexual assault (non-penetrative) upon the minor daughter of the informant aged about 16 years.
4. It is submitted by the learned counsel appearing for the petitioner that prior to this occurrence, one occurrence of assault and abuse took place on 17.12.2024 for which brother of
Patna High Court CR. MISC. No.75563 of 2025(2) dt.04-11-2025 2/3 the petitioner lodged a case against the informant, which was registered as Bannubagicha P.S. Case No.15/2025 on 09.03.2025. Taking note of the aforesaid lodging of the FIR, the informant, for the same date of occurrence, i.e., of 17.12.2025, lodged the present case raising aggravated allegation of sexual assault against the petitioner. It is pointed out that the present case was lodged after about 95 days of the occurrence, which makes it doubtful. Petitioner claimed clean antecedent.
5. Learned APP has opposed the prayer for bail.
6. In view of aforesaid factual submissions and by taking note of the fact that the present case appears to have been lodged after about three months of the occurrence for which petitioner's side also lodged a case, as discussed above, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI-cum-Special Judge POCSO Act, Lakhisarai, in connection with Bannubagicha P.S. Case No.19/2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.75563 of 2025(2) dt.04-11-2025 3/3 Procedure (in short 'Cr.P.C.')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'B.N.S.S.'). (Chandra Shekhar Jha, J.) Pawan/- U T