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2025 DAILYLAW 52092 (PAT)

CHANKI KUMAR @ KUMAR GAURAV v. The State of Bihar

CR. MISC./38466/2025 · 2025-09-03

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38466 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== 1. Chanki Kumar @ Kumar Gaurav Son Of Satish Sharma R/O Vill Ramse Bigha P.S. Parasbigha Distt Jehanabad 2. Kundan Kumar @ Gopal Kumar Son of Late Narendra Sharma R/o Vill Ramse Bigha P.S. Parasbigha Distt Jehanabad ... ... Petitioner/s Versus 1. The State of Bihar 2. XXX D/o XXXX R/o VILL Nehalpur , P.S. Parasbigha Distt Jehanabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 03-09-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Parasbigha P.S. Case No. 62 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 74, 75, 76, 352 and 3(5) of the BNS, 2023 and Section 8/12 of the POCSO Act. 3. Allegation against the petitioners is of misbehaving with the victim while she was going to coaching. There is further allegation against the petitioner no. 2 of snatching dupatta of the victim. The informant narrated the entire incidence to her parents and whereupon her parents went to ask Patna High Court CR. MISC. No.38466 of 2025(3) dt.03-09-2025 2/3 the petitioners, they have abused the father of the informant and assaulted the brothers of the victim. 4. Learned Advocate for the petitioners contended that admittedly the alleged occurrence took place at about 10:00 AM on 25.03.2025 and the written report has been lodged on 27.03.2025. The petitioners are none else but own gotiyas and next door neighbours; in fact, on account of some dispute arose during the payment of EMI of the phone, which was taken by the father of the informant, the present FIR came to be instituted. The petitioners are men of fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court. 5. On the other hand, learned counsel for the State and the informant opposed the pre-arrest bail application and submits that the minor daughter of the informant was subjected to eve teasing, indecent behaviour and abusive language, besides there is allegation of assaulting and abusing the family members. 6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the delay in lodging of the FIR, coupled with the close relationship, as also the fair antecedent of the petitioners, let the Patna High Court CR. MISC. No.38466 of 2025(3) dt.03-09-2025 3/3 petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-VI, Jehanabad in connection with Parasbigha P.S. Case No. 62 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further conditions that:- (i) One of the bailors shall be the own/close family members of the petitioners. (ii) If the petitioners would found indulge in such activities in future, the victim or her parents was at liberty to file application for cancellation of the bail, which shall be viewed seriously. shivank/- (Harish Kumar, J) U T