Kanhaiya Kumar @ Kanhaya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3558 of 2026 Arising Out of PS. Case No.-197 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Kanhaiya Kumar @ Kanhaya Yadav S/O Harendra Rai Resident of village - Ajgarwa, P.S.- Pakridayal District- East Champaran, Motihari ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bachhulal Raut S/O Shivnath Raut Resident of village - Ajgarwa, P.S.- Pakridayal District- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Rajesh Kumar, Advocate For the State :
Mr.Uma Shankar Prasad Singh, APP For the OP-2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner apprehends his arrest in a case, registered for offence punishable under Sections 96, 3(5) of the B.N.S. and Section 8 of the POCSO Act.
3. Prosecution case, in brief, is that on 30.04.2025 at about 8:30 P.M., informant's minor daughter had gone out of her house to see a marriage ceremony, but she did not return. In course of search, informant came to know that this petitioner had kidnapped his daughter with intention to solemnize marriage with her.
Patna High Court CR. MISC. No.3558 of 2026(5) dt.07-07-2026 2/2
4. The victim, in her statement recorded under Section 183 of B.N.S.S., has supported the prosecution case and has specifically stated that this petitioner forcibly took her to Delhi, kept her in a room and committed rape. The Court has assessed the age of victim, as 15 years.
5. Considering the nature of accusation and statement of the victim recorded under Section 183 of B.N.S.S., the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T