Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1794 of 2026 Arising Out of PS. Case No.-65 Year-2025 Thana- BARHIYA District- Lakhisarai ====================================================== Gautam Kumar Son of Krishan Nandan Singh Village- Khuthadih, P. S. - Barahiya, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Kumar Son of Sagina Mahto Resident of village - Garh Laxmipur, Ps- Barahiya, Dist- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-01-2026 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh No.1, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 01.04.2025 in connection with POCSO Case No. 40 of 2025 arising out of Barahiya P.S. Case No. 65 of 2025, F.I.R. dated 01.04.2025 for the offences punishable under Sections 75 and 76 of the BNS, 2023 and Sections 8 and 12 of the POCSO Act.

3. According to prosecution case, this petitioner along with one Raghvendra Singh have committed rape upon the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.1794 of 2026(2) dt.19-01-2026 2/2 present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of Cr.P.C/183 of B.N.S.S where she has supported the case of the prosecution. As per the allegation in the F.I.R, this petitioner along with another accused person have committed rape upon the daughter of the informant who is 12 year old. Witnesses as well as medical evidence also supported the case of the prosecution.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 40 of 2025 arising out of Barahiya P.S. Case No. 65 of 2025 pending in the court of learned District & Additional Sessions Judge-VI-cum-Spl. Judge POCSO Act, Lakhisarai.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T