Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75452 of 2025 Arising Out of PS. Case No.-122 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

ROHIT KUMAR S/O Sulendra Mehta R/O Ramnagar Bharna, P.s.- Nauhatta, Dist.- Saharsa.

2.

SULENDRA MEHTA S/O LATE KISHUN PRASAD MEHTA R/O Ramnagar Bharna, P.s.- Nauhatta, Dist.- Saharsa. 3.

PANCHO DEVI W/O SULENDRA MEHTA R/O Ramnagar Bharna, P.s.- Nauhatta, Dist.- Saharsa.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RAJESH KUMAR S/O SHRI RAMJI MEHTA R/O LAKSHMINIA, P.O.- HARDI, P.S. AND DIST.- SUPAUL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A of the Indian Penal Code & Section 8 of POCSO Act.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 and 3 are persons with clean antecedent and petitioner no.3 is a woman and the informant alleges that his minor daughter was kidnapped by the accused persons including the petitioners.

Patna High Court CR. MISC. No.75452 of 2025(3) dt.15-05-2026 2/3

4. The learned counsel submits that petitioners have been falsely implicated in the instant case by the informant being related to Manohar. It is further submitted that police after threadbare investigation came to a considered conclusion that petitioners are innocent and thus submitted Final Form No.135/2020 dated 05.03.2020 exonerating the petitioners of the allegations as alleged in the FIR, but the learned trial court differing with the police report took cognizance and thus petitioners apprehend their arrest. It is also submitted that victim has not supported the case of the prosecution. It is further submitted that when one investigating agency has come to a considered conclusion after threadbare investigation that petitioners are innocent whether it would be prudent for the court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same police report, which had found the petitioners innocent, more so when victim even has not supported the case of the prosecution.

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

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.75452 of 2025(3) dt.15-05-2026 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Saharsa Sadar P.S. Case No.122/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T