CR. MISC./19119/2026 of Rahul Kumar Vs The State of Bihar on 21 August 2026

ORAL ORDER

21-08-2026 Heard Mr. Avinash Chandra, learned counsel for the petitioner duly assisted by Mr. Rahul Kumar and Mrs. Asha Kumari, learned APP as also Mr. Premchand Yadav, learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 648 of 2025 registered for the offence under Sections 352, 351(2) and 115(2) of the B.N.S. and section 8 and 12 of the POCSO Act as also section 27 of the Arms Act, lodged on 08.11.2025 by the informant, XX.

3. As per the prosecution story, the informant alleged that while his minor daughter was returning home on bicycle after the classes was over, this petitioner tried to outrage her

modesty and when the villagers came to rescue, he escaped. Later, they came armed variously and threatened the informant side of dire consequences. This led to the F.I.R.

4. Learned counsel for the petitioner submits that six days later, F.I.R., prior to that the petitioner’s side preferred F.I.R. on 03.11.2025 itself alleging assault by the informant itself. The petitioner is a young boy, student and undertakes not to come anywhere near the girl failing which appropriate order can be passed for cancellation of the bail bond, if relief is granted.

5. Learned APP as also learned counsel for the informant on the other hand submits that he is in the habit of disturbing the girl whenever he goes to the classes or returns home.

6. At this stage, learned counsel for the petitioner submits that it be recorded that even one instance of him/family members creating problem for the minor girl, steps can be taken for cancellation of bail bond.

7. Taking into account the aforesaid facts and after noticing that he is only 19 years of age, a student, has no criminal antecedent and an undertaking has been given that he shall under no circumstance come anywhere near the girl/family

members, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

8. It is made clear that if petitioner chose not to abide by the undertaking given herein, the informant shall be free to take steps for cancellation of bail bond.

9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge- VII-cum-Exclusive Special Judge, POCSO, Patna, in connection with Dhanarua P.S. Case No. 648 of 2025 subject to the following conditions:-

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.

vinayak/- (Rajiv Roy, J) U T