Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 13232 (PAT)

Ritesh Kumar v. The State of Bihar

CR. MISC./9569/2025 · 2025-07-23

Anil Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9569 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Ritesh Kumar Son of Markandey Singh @ Markande Prasad Singh Resident of Village - Jhali, P.S. - Karamchat, District - Kaimur at Bhabua ... ... Petitioner/s Versus 1. The State of Bihar 2. X Daughter of Santosh Paswan Resident of Village - Jhali, P.O. - Sabar, P.S. - Karamchat, District - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey For the informant : Mr. Pradhan Murli Manohar Prasad Mr. Abhash Mr. Raju Kumar For the Opposite Party/s : Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 23-07-2025 1. 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 Mahila Police Station Case No. 45 of 2024, dated 13.08.2024, disclosing offences under Sections 76/352/351(2)/351(3) of the Bhartiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 02.08.2024, while the victim, namely “X”, was at her home and her father and mother had gone to attend funeral rites of her maternal uncle, the petitioner, who is a co-villager, entered into the house of informant/victim, kissed and took photos of her. Petitioner threatened the Patna High Court CR. MISC. No.9569 of 2025(4) dt.23-07-2025 2/3 informant not to disclose this to any one otherwise the photos shall be made viral by him. 4. Learned counsel for the petitioner submits that the petitioner is a neighbour of the informant and First Information Report has been lodged after a delay of about 11 days without giving any plausible explanation. He next submits that allegation made against the petitioner is false and fabricated on basis of previous dispute between the parties. He further submits that the petitioner is aged about 20 years and is a student. 5. On the other hand, learned counsel for the informant submits that informant specifically disclosed the name of the petitioner, who sexually assaulted the informant while she was alone at her home. The reason of delay of 11 days in lodging the First Information Report has come during course of investigation and it has been disclosed that parents of informant/victim had gone to attend funeral rites and when they returned back, the victim, who is a minor, aged about 15 years, disclosed the incident to her parents. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of Patna High Court CR. MISC. No.9569 of 2025(4) dt.23-07-2025 3/3 allegation and the fact that the informant is minor, I am not inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, dismissed. ashwani/- (Anil Kumar Sinha, J) U T