IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.134 of 2026 Arising Out of PS. Case No.-392 Year-2021 Thana- TEKARI District- Gaya ======================================================

Parshuram Singh, Son of Late Hardev Singh, Resident of Village- Bajitpur Kala, P.S.- Tikari, District- Gaya, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar. 2. X X X X X X X X ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Harsh Vardhan, Adv.

Mr. Purushottam Mishra, Adv.

For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

4 10-02-2026 Heard the learned counsel for the parties.

2. The learned counsel for the petitioner submits that the petitioner has filed the present application primarily challenging the order taking cognizance, whereby the learned Special Judge has taken cognizance for the offences under Sections 4 and 17 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act) and other ancillary sections of Indian Penal Code, however, prima facie, the case under the POCSO Act is not maintainable as the so- called victim happens to be a major and not a minor. It has further been submitted that from the perusal of the medical examination report, the age of the girl, upon radiological examination test, was found to be above 19 years, while the document issued by the Principal of the School, which has been procured by the police, also goes on to show that the age of the victim is almost 20 years. It has also been submitted that the present case is a fall out of land dispute between the parties and only to settle personal scores, the false and concocted case has been lodged against the petitioner.

4. In view of the aforesaid submission, let notices be issued to opposite party No. 2 by registered post/speed post with A/D as well as by ordinary process, on steps being taken by the petitioner for filing requisites etc., within a period of one week from today, failing which the application shall stand dismissed without further reference to the Bench.

5. In the meantime, all further proceedings in the Court below with respect to the petitioner, in connection with Tikari P.S. case No. 392 of 2021, shall remain stayed. 6. List this case on 17^th of March, 2026, retaining its position, after appearance of opposite party No. 2 or on receipt of service of notice, whichever is earlier, under the appropriate heading.

(Sourendra Pandey, J)

Praveen-II/-

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