Akhilesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1762 of 2026
                     Arising Out of PS. Case No.-280 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Akhilesh Kumar S/O Dhruvendra Yadav @ Dhruvendra Kumar Resident of
                 Village- Belha Tola, Saur Bazar, Ward no. 03, P.S- Saur Bazar, District-
                 Saharsa.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ D/O Late Dilip Gupta R/O Ward No. 02 Saur Bazar, P.S- Saur Bazar,
                 Dist.t- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rashmi Jha, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   23-06-2026                  Despite valid service of notice, none appears on

                   behalf of the opposite party no. 2.

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 351(2), 352, 74 of the

                   Bharatiya Nyaya Sanhita and Sections 8, 12 of the Protection of

                   Children from Sexual Offences Act.

                                4. Prosecution case, in brief, is that on 12.08.2025 at

                   about 5 PM, when informant was passing by a shop, this

                   petitioner passed vulgar comments on her and upon protest, he
Patna High Court CR. MISC. No.1762 of 2026(4) dt.23-06-2026
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          started abusing informant and tried to assault her.

                       5. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. As a matter

          of fact, petitioner is a shopkeeper and one Raghvendra Kumar

          purchased articles worth Rs. 25,000/- from his shop and when

          petitioner asked for the money, he falsely implicated petitioner

          in this case. It is further submitted that except section 74 of the

          BNS all are bailable and section 74 of BNS is not made out as

          the petitioner has not used any criminal force against the victim.

          So far as, Sections 8, 12 of POCSO Act is concerned the same is

          not made out as neither the petitioner touched the victim nor

          there is any allegation of sexual harassment.

                       6. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       7. Considering backdrop of the case and nature of

          accusation, this anticipatory bail is allowed and it is ordered that

          let the above named petitioner in the event of his

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional District

          Judge VI cum Special Judge (POCSO), Saharsa in connection
              Patna High Court CR. MISC. No.1762 of 2026(4) dt.23-06-2026
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                        with Sour Bazar P. S. Case No. 280 of 2025, subject to condition

                        as laid down under Section 482(2) of the BNSS.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T