IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88455 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Banti Kumar @ Banti @ Subhash Kumar @ Subhash Prasad son of vindhyachal Prasad Village- khaira ps- gaurichak district -patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Lalima Kumari Wife of Bablu Singh village- Bhergama, Ps- Gaurichak, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sudhir Kumar, Advocate For the State : Mr. Arun Kumar Pandey, APP For Opposite Party No.2 : Mr. Anil Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 02-04-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A, 376 and 506 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act. 3. As per prosecution case, on 07.06.2024 at about 5 PM, while minor daughter of informant was returning home in the meantime, co-accused Rahul Prakash, along with four other accused persons, kidnapped minor daughter of informant and took her to the house of this petitioner where co-accused Rahul Prakash committed rape upon the victim and later, threatened her. Patna High Court CR. MISC. No.88455 of 2024(3) dt.02-04-2025 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is brother-in-law of co-accused Mukesh Kumar. From bare perusal of the F.I.R. it is apparent that specific accusation of taking away the victim and commission of rape is against other co-accused persons. So far as this petitioner is concerned, he is only alleged to have given protection to the accused persons in his house at the instance of co-accused Mukesh Kumar and there is no specific accusation of sexual assault against this petitioner. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has also not alleged any wrong against this petitioner. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. Patna High Court CR. MISC. No.88455 of 2024(3) dt.02-04-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VII- cum-Special Judge, POCSO, Patna in connection with Gaurichak P.S. Case No. 274 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T