Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6417 of 2026 Arising Out of PS. Case No.-505 Year-2025 Thana- JAKKANPUR District- Patna ====================================================== Bittu Kumar Son of Late Arjun Prasad R/o Mohalla - Karbigahiya, Near T - Point, P.S. - Jakkanpur, P.O. - G.P.O., District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ Son of Ramjee Mistry R/o Padarpur Gumti No. 1, P.S. - Jehanabad, Dist. - Jehanabad, Permanent R/o Village - Mehendipur, P.S. - Ghosi, Distt. - Jehanabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Govind, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 65(1), 66 and 3(5) of BNS and Sections 4 and 6 of the POCSO Act.

3. The case of the prosecution is that the minor daughter of the informant who was missing. She was being searched and a phone was received by the informant from PMCH disclosing therein that his daughter has died. The informant reached there and found the dead body of the deceased and a boy was also there who disclosed to the informant that she was having affair with the deceased and he

Patna High Court CR. MISC. No.6417 of 2026(4) dt.11-05-2026 2/3 has taken her in the room of his friend, namely, Sameer where they had physical relationship. After that, the deceased started bleeding and when the bleeding did not stop, she was rushed to hospital where she ultimately died. That boy disclosed his name as Deepak Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced in this case during course of investigation as he is the landlord of the premises where the occurrence has taken place. Learned counsel has further submitted that during course of investigation, it has come that he has transferred some cash to the girls but not to the deceased. During course of investigation, one Sameer has given his statement recorded under Section 183 of BNSS wherein he has stated that Deepak has brought the deceased to his room while he was not there and has established physical relationship. He has categorically stated that he has taken his room on rent from the petitioner. Learned counsel has also submitted that save and except the allegation that the petitioner is landlord of the premises where the offence was committed, there is nothing against him. A statement has been made in para-3 of this petition

Patna High Court CR. MISC. No.6417 of 2026(4) dt.11-05-2026 3/3 that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No. 505 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Exclusive Special Judge-I, POCSO Act, Patna. (Ashok Kumar Pandey, J) Shubham/- Sneha/- U T