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2025 DAILYLAW 113243 (PAT)

Kailash Singh v. The State of Bihar

CR. MISC./65681/2025 · 2025-12-18

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65681 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- CHAUSA District- Madhepura ====================================================== 1. Kailash Singh S/o Late Murli Singh R/o Dharhara, ward no. 8, P.s.- Chausa, Distt.- Madhepura 2. Sunil Singh S/o Late Murli Singh R/o Dharhara, ward no. 8, P.s.- Chausa, Distt.- Madhepura 3. Mithilesh Singh @ Mithilesh Kumar S/o Late Murli Singh R/o Dharhara, ward no. 8, P.s.- Chausa, Distt.- Madhepura ... ... Petitioner/s Versus 1. The State of Bihar 2. Sulekha Devi W/o Jhadi Singh R/o vill - Dharhara, ward no. 8, P.S.- Chausa, Distt.- Madhepura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 4 18-12-2025 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehends their arrest in connection with Chausa P.S. Case No. 148 of 2025, dated 02.06.2025, registered under Sections 115(2), 127(2), 76, 64, 308(5), 352, 351(2), 3(5) of the B.N.S. and Sections 66(C), 66(E), 67, 67(B) of the I.T. Act and Section 8/12 of the POCSO Act. 3. The prosecution case, in brief, is that the co- accused Akhilesh Kumar used to came to the house of the informant and on giving false allurement, he made sexual Patna High Court CR. MISC. No.65681 of 2025(4) dt.18-12-2025 2/4 exploitation with the informant’s minor daughter and also taken her nude photos. It is further alleged that he has been exploiting the minor daughter of the informant for the last one year on threat to make her videos viral. Informant has organized a Panchayati and thereafter, he has been ordered to give a sum of Rs. 80,000/- to the informant as compensation, but till date he did not pay the same. Further on 12.01.2025, co-accused Akhilesh Kumar along with above named persons (petitioners) armed with lathi and danda entered into the house of informant and started abusing and assaulting the informant and torn the clothes of her minor daughter. Kailash and Sunil have snatched the gold ear-ring of Rs. 16,000/- and Mithilesh Singh took cash of Rs. 10,000/- and they were threatened that if they tell anyone, they will viral the photos and videos. 4. Learned counsel for the petitioners by referring to the statement recorded under Section 183 of the B.N.S.S. submits that the statement recorded by the victim girl does not corroborate the allegations levelled against the petitioners in the F.I.R. From the plain reading of the deposition made by the victim, it would be clear that the allegation for having disrobing and physically assaulting the victim is specific against Akhilesh Singh. 5. On the other hand, learned A.P.P. does not dispute the submissions by referring the statement, which is forms part of the Patna High Court CR. MISC. No.65681 of 2025(4) dt.18-12-2025 3/4 case diary. 6. Considering the facts that the statement recorded under Section 183 of the B.N.S.S. of the victim girl does not corroborate the allegations levelled against the petitioners in the F.I.R., from the plain reading of the deposition made by the victim, it would be clear that the allegation for having disrobing and physically assaulting the victim is specific against Akhilesh Singh, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Court, Madhepura in connection with Chausa P.S. Case No. 148 of 2025, subject to the condition as laid down under Section 482 of the B.N.S. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide; (ii) the petitioner (s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail Patna High Court CR. MISC. No.65681 of 2025(4) dt.18-12-2025 4/4 cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. pravinkumar/- (Ajit Kumar, J) U T