IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66316 of 2025 Arising Out of PS. Case No.-441 Year-2025 Thana- SONEPUR District- Saran ====================================================== Om Narayan Singh @ Damru Singh @ Damru Kumar Singh Son of Vishwanath Singh Resident Of Village- Sahpur jaitia, Ps- sonpur Dist- Saran ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Umesh chandra Singh Son of Late Ram Chabila singh Resident Of Village- Sahpur jaitia, Ps- sonpur Dist- Saran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Alka Panday, Advocate For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 4 17-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Despite valid service of notice upon O.P. No. 2, the O.P. No. 2 neither in person nor through any counsel, has entered appearance. 3. Petitioner apprehends his arrest in connection with Sonpur P.S. Case No. 441 of 2025 registered for the offences under Sections 126(2), 74, 75(2), 75(3), 76, 78(2), 652, 351(2) and 351(3) of B.N.S and under Section 12 of the POCSO Act. 4. As per the prosecution case, the informant has lodged the F.I.R. stating therein that his granddaughter, aged about 13 years was returning from a tilak function and it is Patna High Court CR. MISC. No.66316 of 2025(4) dt.17-01-2026 2/4 alleged that the petitioner misbehaved with her and when she protested he assaulted her and thereafter fled away. 5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and that no such occurrence as alleged has occurred. It is further submitted that there is no eye-witness to the occurrence and in fact, the occurrence has acutally taken place on 05.05.2025, when the informant and his family members brutally assaulted the petitioner, as a result of which he was referred to the referral hospital and further referred to Sadar Hospital, Hajipur for better treatment. It is submitted that a case was lodged by the petitioner against the informant and others on 06.05.2025 and only to counter the said case, the present false and frivolous case has been lodged by the informant on 08.05.2025. It is further submitted that even from the allegations levelled against the petitioner, it would appear that there is an allegation of only misbehaving with the victim that too is false in the facts and circumstances of the case. It has lastly been submitted that the petitioner has a clean antecedent. 6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail. 7. Considering the aforesaid submission, facts and Patna High Court CR. MISC. No.66316 of 2025(4) dt.17-01-2026 3/4 circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Sonpur P.S. Case No. 441 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative. (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. Patna High Court CR. MISC. No.66316 of 2025(4) dt.17-01-2026 4/4 (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 8. Accordingly, the prayer for anticipatory bail is allowed. aditya/- (Sourendra Pandey, J) U