IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37074 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Vikash Goswami S/O Chandrama @ Chandrama Goswami @ Chandrakala Goswami Resident of village and PO- Muthani, PS- Mohania, District- Kaimur. At present residing at 39 K, Loco Colony, MUghal Sarai, PS- Alinagar, Distt-Chandauli(Uttar Pradesh) ... ... Petitioner/s Versus 1. The State of Bihar 2. Seema Goswami D/O Keshwar Goswami R/O Village- Jigina, PS- MOhania, Distt- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Garg, Adv. For the Opposite Party/s : Mr. Akshya Lal Pandit, APP For the informant/Op No.2 Ms. Kumari Anupam, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-06-2025 Heard Mr. Ashok Kumar Garg, learned counsel for the petitioner, learned APP and Ms. Kumari Anupam, learned counsel representing the informant/Opposite Party no.2 2. The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 336 of 2024 dated 07.06.2024 registered under Sections 341, 323, 354(B), 504, 506 of the IPC and 8/12 of the POCSO Act. 3. As per the First Information Report on 26.05.2024 at about 10:00 AM, the mother of the informant went to the market to purchase some medicines, in the meanwhile, the petitioner entered into the house of the informant. The informant offered some snacks and tea to the petitioner. The petitioner started staring her indecently and asked for sexual favours on the pretext of marriage and when she refused him, he sexually assaulted the informant and threatened her not to disclose this to her family members. Patna High Court CR. MISC. No.37074 of 2025(2) dt.25-06-2025 2/3 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on account of the fact that there was love affair between the petitioner and the informant/OP No.2. The own sister of the informant is married to the cousin brother of the petitioner. The details of the chats done through WhatsApp between the petitioner and the Opposite Party No.2 has been annexed as Annexure-P/4 to the supplementary affidavit. Learned counsel further submits that OP No.2 insisted the petitioner to marry her and texted in the said chat that “Nahi to shaadi karna hi padega.” The allegation of sexual assault is false and fabricated inasmuch as according to the informant the occurrence has taken place on 26.05.2024 but the FIR has been lodged on 07.06.2024 after delay of 11 days without assigning any valid reason for such delay. Accordingly, the submission is that the present FIR has been lodged in order to pressurize the petitioner to perform marriage with the informant. 5. On the other hand, the learned counsel appearing for the informant/OP No.2 opposes the prayer submitting that the Opposite Party No.2 is 17 years old and she has been sexually assaulted/harassed by the petitioner. The chats on the social media between the petitioner and the informant/OP No.2 Patna High Court CR. MISC. No.37074 of 2025(2) dt.25-06-2025 3/3 as brought on record by way of supplementary affidavit does not show that the mobile number mentioned therein is the mobile number of the informant. 6. Regard being had to the submissions made by the parties, taking into consideration the fact that there is a considerable delay in lodging of the FIR and considering the chatting on social media between the petitioner and the informant, I am inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge- 6th cum- Special Judge, POCSO Act, Kaimur (Bhabhua) in connection with Mohania P.S. Case No. 336 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023. perwez (Anil Kumar Sinha, J) U T