IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3400 of 2025 Arising Out of PS. Case No.-537 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1 . Musarraf Abeddin @ Musharam S/O Nashimuddin Ansari Resident of village ward no. 10, Mohania, P.S.- Mohania, District- Kaimur at Bhabua 2. Sarfaraj Khan @ Sarfaraj S/O Arman Khan @ Amanullah Khan Resident of village ward no. 10, Mohania, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s Versus 1 . The State Of Bihar Patna 2. X D/O Tej Bahadur Singh Resident of village- Mohania ward no. 10,Post- Mohania, P.S.- Mohania, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-04-2025 Heard learned counsel for the petitioner and the State . Despite valid service of notice appears on behalf of Opposite Party No. 2. 2. The bail petition of petitioner No. 2 has already been withdrawn vide order dated 15.02.2025 . 3 . Petitioner No. 1 apprehend his arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 76, 329 (3) , 352, 351 ( 2 ), 351 (3) , 3(5) of the bharatiya Nyaya sanhita 2023 and section 8 / 12 of the POCSO Act, 2012. Patna High Court CR. MISC. No.3400 of 2025(3) dt.07-04-2025 2/3 4. The prosecution case in brief, is that informant namely sandhya Kumari ( 14 years) alleged that co-villagers, Musharam and sarafraj used to tease her and pass objectionable remarks for the last 10 days while going to her coaching class. It is further alleged that when informant made protest, co-accused bhakka Gaddi and Teja Gaddi threatened her and on 14.08.2024 , around 8 Am, all the accused persons entered house of informant and attempted to commit rape with her and threatened her. It is further alleged that when brother of the informant intervened, all the accused persons assaulted him. 5 . It is submitted on behalf of the petitioner that petitioner is quite innocent and has committed no offence as alleged. The present case has been lodged by informant only with a view to save skin of her brother namely Om singh who is accused in Mohania P S Case No. 534 of 2024 lodged by father of co-accused sarfaraz Khan in which petitioners sustained injuries. Allegation is general and omnibus against this petitioner. Petitioner claims clean antecedent. 6. Learned counsel for the State opposed the bail petition . 7. Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the Patna High Court CR. MISC. No.3400 of 2025(3) dt.07-04-2025 3/3 event of arrest or surrender within eight weeks from today, let the petitioner No. 1 , as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of special Judge POCSO cum ADJ VI Kaimur at bhabua in connection with Mohania P.S. Case No. 537 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T