IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70456 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- KUSHESHWARASTHAN District- Darbhanga ====================================================== 1. Gulli Choudhary @ Krish Choudhary @ Krish Kumar Chaudhary @ Gillu Chaudhary Gajendra Narayan Choudhary @ Baua choudhary @ Gajendra Choudhary R/O village - Kuseshwarsthan, P.S - kuseshwarsthan, District- Darbhanga 2. Gajendra Narayan Choudhary @ Bauya choudhary @ Gajendra Choudhary S/O Late Kailu Choudhary a ... ... Petitioner/s Versus 1. The State of Bihar 2. X S/O Y R/O village - Kuseshwarsthan, P.S - kuseshwarsthan, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Ms. Vaishnavi Singh , Advocate For the State : Mr. Mohammad Sufyan, APP For the Informant : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 13-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. Despite filing Vakalatnama, no one appears on behalf of the informant/Opposite Party No. 2. 3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 64, 65(1), 62, 352, 351(2) and 3(5) of the B.N.S. and Sections 4 and 8 of the POCSO Act. 4. As per prosecution case, co-accused Chiku Choudhary used to follow minor daughter of informant and Patna High Court CR. MISC. No.70456 of 2025(3) dt.13-01-2026 2/3 make sexually coloured remarks. It is alleged that on 31.05.2025 at about 4 AM, while minor daughter of informant was sleeping in her room, in the meantime, co-accused Chiku Choudhary entered in the house and committed rape upon her. Thereafter, when elder daughter of informant came to save her, co-accused Chiku Choudhary also tried to rape her, threw her down and ran away. It is further alleged that when informant and his father went to the house of the accused persons to make complaint, all the F.I.R. named accused persons, including these petitioners, abused and assaulted them and also threatened of dire consequences. 5. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of sexual assault is against co- accused Chiku Choudhary. Petitioners have falsely been implicated in this case merely because they Petitioner No. 1 happens to be younger brother and Petitioner No. 2 happens to be father of co-accused Chiku Choudhary. Allegation of abuse and assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. 6. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.70456 of 2025(3) dt.13-01-2026 3/3 opposed the prayer for grant of anticipatory bail to the petitioners. 7. Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioners is allowed. 8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Darbhanga in connection with Kuseshwarsthan P.S. Case No. 145 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T