Vishwjeet Kumar @ Haggu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11300 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Vishwjeet Kumar @ Haggu S/o- Suryamani Lal @ Suryamani Paswan R/oMobarakpur P.S.- Islampur Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/o- Rakesh Chauhan Vill- Sanda, P.S.- Islampur, Dist.- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Islampur P.S. Case No. 38 of 2024 registered for the offences under Sections 376 of the Indian Penal Code and 4, 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

3. The prosecution case, as per the First Information Report, is that the petitioner has committed rape upon the minor girl aged about 17 years.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and there was love relationship between the petitioner and the victim girl. Referring to the FIR, learned counsel submits that there is a

Patna High Court CR. MISC. No.11300 of 2025(2) dt.28-03-2025 2/2 contradiction in the FIR inasmuch as in the FIR, she has stated that she managed to escape from the place of occurrence and subsequently, she says that the shawl of the petitioner which was left at the place of occurrence was produced with the written report submitted by the victim.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and going through the material on record including the impugned order and FIR, it appears that the victim has supported the case in her statement recorded under Section 161 and 164 Cr.PC. Considering the gravity and seriousness of the offence and the fact that the victim was minor and police in the supervision note has found the allegation against the petitioner as true as such, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected.

7. Accordingly, the prayer of petitioner for grant of anticipatory bail is rejected.

(Anil Kumar Sinha, J) Siwani/- U T