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2025 Supreme(Online)(Pat) 3113

PATNA HIGH COURT
Chandra Shekhar Jha, J
Shivam Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ranjeet Kumar Mishra, Adv., Mr. Ajay Kr. Tiwary, Adv.
For the Respondents: Mr. Pradeep Narain Kumar, APP, Mr. Sevendra Kumar, Adv.

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 01-12-2025 Heard the parties. 2.The petitioners are named in the F.I.R.

and apprehending their arrest in connection with Sonbarsa P.S. Case No. 213 of 2025 registered for the offences punishable under Sections 65(1), 3(5)

of BNS and u/s 4,6 of POCSO Act .

3. As per FIR, petitioners alongwith other co-accused persons sexually assaulted minor daughter of the informant aged about 14 years after taking her to nearby abandoned hut on

01.07.2025 at about 10:30 PM.

4. It is submitted by learned counsel appearing on behalf of the petitioners that alleged occurrence took place on 01.07.2025, whereas the present FIR was lodged on 16.07.2025 as a matter of afterthought. It is submitted that due to previous enmities the present case was lodged. It is pointed out that when the mother of the co-accused petitioner no. 2 lodged a case against informant and her family, the present false case was lodged on very next day i.e., on 16.07.2025. While concluding arguments, it is submitted that above named petitioners are men of clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail subm

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