Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90047 of 2025 Arising Out of PS. Case No.-458 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chhotu Kumar S/o- Anarjeet Paswan @ Amarjeet Paswan Residet of VillageGhauspur Ijra PS- Sadar Hajipur, Dist- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o- Late Ajay Paswan R/v- Ghauspur Ijra Ps- Sadar Hajipur DistVaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.D.N. Jha, Advocate Mr. Chandra Shekhar Sharma, Advocate For the State :

Mr.Abhay Kumar, A.P.P For the Informant : Mr. Brij Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 64, 62 of B.N.S, 2023 and Section 8 of POCSO Act.

3. As per the prosecution case, the allegation against the petitioner is that of committing rape with the informant. Upon raising alarm, informant's brother came there and saved her.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on account of family dispute as the informant and the petitioner are cousin brother and sister and there is some dispute with regard to the partition between the parties. The statement of the victim was also recorded

Patna High Court CR. MISC. No.90047 of 2025(3) dt.25-02-2026 2/2 under Section 183 of B.N.S.S where she has only stated that the petitioner assaulted her with fists and slaps as she was plucking mangoes and nothing beyond that happened with her. Further, it has been submitted that a compromise has been arrived at between the parties (Annexure-P/2). Petitioner is in custody since 15.10.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have been heard. The compromise is supported by the Opposite Party No. 2.

6. Taking into consideration the facts and circumstances of the case and also considering the statement of the victim recorded under Section 183 of B.N.S.S, coupled with the factum of compromise, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Sadar P.S. Case No. 458 of 2024. (Soni Shrivastava, J) vashudha/- U T