IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7685 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== Kamlesh Kumar son of Ramji Yadav Resident of Village- Pathak Milki PS -Dulhin Bazar, Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Geeta Kumari Daughter of Mahadeo Ram village- Barki Kharwan, Po- Lala Bhadsara, ps- Dulhin Bazar, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Barun Prasad For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 27-03-2025 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 Dulhin Bazar Police Station Case No. 238 of 2024, dated 18.08.2024, disclosing offences under Sections 126(2)/115(2)/74/352/351(2)/3(5) of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act read with Section 8 of the Protection of Children from Sexual Offences Act. 3. The prosecution case, as per the First Information Report, is that on 18.08.2024, in the evening, while the informant Patna High Court CR. MISC. No.7685 of 2025(2) dt.27-03-2025 2/3 had gone to the market to buy rakhi and after purchasing rakhi she went to sabzi mandi near shiv mandir to purchase vegetable. In the meanwhile, co-accused Rakesh kumar and the petitioner caught hand of the informant and demanded her mobile number. When the informant protested, the accused persons threatened and misbehaved with her. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. There was friendship between the co-accused Rakesh Kumar and the informant from before and due to that reason the co-accused Rakesh Kumar asked for the mobile number of the victim. There is no allegation in the First Information Report that there was sexual intent on part of the accused persons and only mobile number was demanded by the accused persons. The petitioner is student having bright future. From perusal of the First Information Report prima facie no offence under Section SC/ST Act is made out. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioner is a student, I am Patna High Court CR. MISC. No.7685 of 2025(2) dt.27-03-2025 3/3 inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- Protection of Children from Sexual Offences Act (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO -cum- ADJ VII, Patna, in connection with Dulhin Bazar Police Station Case No. 238 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. ashwani/- (Anil Kumar Sinha, J) U T