Neeraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85430 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Neeraj Kumar Singh S/O Nagendra Singh R/O Vill.- Adampur, P.S.- Dariyapur, Dist.- Saran.

... ... Petitioner/s

Versus

1 .

The State of Bihar Patna 2.

Nandani Kumari D/O Rajesh Kumar Singh R/O Vill.- Trilokchak, P.S.- Dighwara, Dist.- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP For informant :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376 of the Indian Penal Code and section 4/6 of POCSO Act.

3 . As per the prosecution case, on 06.05.2024, the elder sister of the informant was married to this petitioner, Neeraj Kumar Singh, and it is alleged that whenever this petitioner visited the house of the informant, he used to tease and molest her. It is further alleged that since the last ten days, this petitioner, after coming from Gujarat, came to the house of the informant, and in the absence of her sister and mother, this

Patna High Court CR. MISC. No.85430 of 2024(4) dt.15-04-2025 2/3 petitioner committed rape with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the elder sister of the informant, and due to some misunderstanding, this false and concocted case has been lodged. Though there is allegation of rape against this petitioner, but in medical examination of the informant on 07.05.2024, no sign of rape was found, and her age was assessed as 20-22 years. It is further submitted that due to the intervention of well-wishers of both parties, the case has been compromised, and for the same, a compromise petition has been filed in the court below. Petitioner claims clean antecedent.

5. Learned counsel for the informant and learned APP for the State does not controvert the contention made on behalf of petitioner.

6. Considering the aforesaid facts and circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned special Judge POCSO Act Saran at

Patna High Court CR. MISC. No.85430 of 2024(4) dt.15-04-2025 3/3 Chapra in connection with Dighwara P.S. case No. 136 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T