Anant Kumar @ Anant Kumar Raushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92068 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Anant Kumar @ Anant Kumar Raushan, Son of Vishwanath Singh @ Bishwanath Singh, Resident of village and P.S.- Kartahan, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Devi Wife of Anant Kumar @ Anant Raushan Resident of VillagJadua ( Near S.B.I.) P.S. Hajipur Nagar Hajipur, Dist- Hajipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh, Advocate For the State :
Mr. Lalan Kumar, APP For the informant :
Mr. Abhimanyu Deo, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 241 of 2024 dated 06.04.2024, instituted for the offence punishable under Sections 365, 366A, 376 of the Indian Penal Code and Section 4(2), 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act.
3. This is the second bail application of the petitioner. Earlier, first bail application bearing Criminal Miscellaneous No. 14460 of 2025 was rejected by a Bench of this Court vide order dated 12.05.2025.
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4. The prosecution case, in short, is that the informant who had two daughters, performed second marriage with the petitioner. It is alleged that the petitioner abducted the daughter of the informant and subsequently, committed sexual intercourse with her for few days. Initially a missing report was lodged by the mother of the victim, on the basis of which the case was registered.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that earlier this informant also lodged Hajipur Mahila P.S. Case No. 12 of 2022 under Section 341, 342, 323, 354B, 376, 504, 506 of the Indian Penal Code and Section 8, 12, 18 of POCSO Act against the petitioner in which he has been acquitted vide judgment dated 22.11.2024 passed in POCSO Gr. Case No. 11 of 2022 / Hajipur Mahila P.S. Case No. 12 of 2022 by learned Additional District & Sessions Judge-VI-cum Special Judge, POCSO, Vaishali at Hajipur. It is further submitted that in Hajipur Mahila P.S. Case No. 12 of 2022, last prosecution witness i.e. P.W.-6 was examined on 06.03.2024, when the present informant was being suggested that on basis of evidence given by all prosecution witnesses, there is less chance of conviction of the petitioner. So
3/4 he has filed present case i.e. Hajipur Town P.S. Case No. 241 of 2024 dated 06.04.2024. Learned counsel for the petitioner further submits that a Criminal Writ Jurisdiction Case No. 2471 of 2025 was filed by the informant Sunita Devi for recovery of victim, who was minor at the time of occurrence, wherein, the learned AC to AG for the State submitted that in this case, it has transpired that Anant Kumar (petitioner) and daughter of the informant had married and a police case has already been lodged and the same is under investigation and is pending for final adjudication. It is further submitted that during trial, the alleged victim was examined and the prosecution declared her hostile. It is further submitted that the victim girl did not support the prosecution case and the certified copy of deposition of victim has already been annexed to this application as Annexure P/4. Lastly, it has been submitted that the petitioner is in custody since 25.07.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
6. On the other hand, learned A.P.P. and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner. Learned counsel for the informant submits that earlier the informant also lodged a case against the petitioner bearing Hajipur Mahila P.S. Case No. 12 of 2022
4/4 under Section 341, 342, 323, 354B, 376, 504, 506 of the Indian Penal Code and Section 8, 12, 18 of POCSO Act, in which he has been acquitted. It is further submitted that the petitioner fled away with the minor daughter of the informant and then he got married with her. She is presently residing with her.
7. 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 bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum- Special Judge, POCSO, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 241 of 2024.
(Khatim Reza, J) premchand/- U T