Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81822 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- JAMUI District- Jamui ====================================================== Sonu Kumar Son of Aanandi Tanti Resident of Village - Malaypur, Police Station - Malaypur, District - Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shweta Devi Wife of Niranjan Kumar Resident of Village - Nimarang, Ward No. 29, P.S. - Jamui, District - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Informant : Mr. Sanju Kumar Mishra, Advocate For the State :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2025 Heard Mr. Sanju Singh, learned counsel for the petitioner, Mr. Sanju Kumar Mishra, learned counsel for the Informant and Mr. Umanath Mishra, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Jamui P.S. Case No. 139 of 2024, F.I.R. dated 08.03.2024 registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code and later on Section 8 of the POCSO Act was added.

3. Allegation against the petitioner is that he along with other co-accused persons have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.81822 of 2024(3) dt.17-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and case diary, opposed the prayer for anticipatory bail of the petitioner and submits that the statement of the victim girl was recorded under Section 164 of the Cr. P.C./ Section 183 of BNSS, 2023 in which she has categorically stated that the petitioner has forcefully performed the marriage with her and apart from that the petitioner has committed rape upon her and apart from that the date of birth of the victim is 13.06.2009 which suggests that on the alleged date of occurrence the victim was minor.

6. Considering the aforesaid facts and circumstances of the case as well as there is direct and specific allegation against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner in

Patna High Court CR. MISC. No.81822 of 2024(3) dt.17-04-2025 3/3 connection with Jamui P.S. Case No. 139 of 2024 pending in the Court of learned Chief Judicial Magistrate, Jamui.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U