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Patna High CourtCR. MISC./79145/2025bail granted

Monu Kumar v. The State Of Bihar

2025-11-19Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79145 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- Shivnarayanpur District- Bhagalpur ====================================================== Monu Kumar S/O Raghuvir Mandal Resident of Village- Jayatipur, P.S.- Shivnarayanpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X through Madhulata Devi W/O Amrit Ranjan Kumar Sinha Resident of Village- Rampur, P.S.- Shivnarayanpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anita Kumari Singh, Adv.

Mr. Paritosh Parimal, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Shivnarayanpur P.S. Case No. 40 of 2025 dated 11.03.2025 registered for the offence punishable under Sections 64(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4(1) of the POCSO Act.

3. The specific allegation against the petitioner is that he established physical relation with the minor victim girl on the pretext of marriage.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79145 of 2025(2) dt.19-11-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. It is submitted that it would appear from the F.I.R. that the victim is aged about 18 years. The victim was medically examined by the doctor, who assessed the age of the victim between 17-19 years. It is further submitted that the victim herself stated that she and the petitioner were in love due to which this case has been lodged. Further it is submitted that occurrence took place on 08.03.2025 but the F.I.R. has been lodged on 11.03.2025 after delay of three days without any plausible explanation for the delay. It is also submitted that the petitioner is a young boy aged about 19 years, who is pursuing his study. Lastly, it has been submitted that the petitioner surrendered before the Court on 11.08.2025 and since then he is in custody, having no criminal antecedents and charge-sheet has been submitted in the case.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing

Patna High Court CR. MISC. No.79145 of 2025(2) dt.19-11-2025 3/3 bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court (POCSO)-cum-Additional Sessions Judge-VII, Bhagalpur in connection with Shivnarayanpur P.S. Case No. 40 of 2025.

(Khatim Reza, J) prabhat/- U T