Dharmendra Kumar @ Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8977 of 2026 Arising Out of PS. Case No.-113 Year-2020 Thana- BELA District- Sitamarhi ====================================================== Dharmendra Kumar @ Dharmendra Rai S/O Late Ram Sagar Rai R/O Village- Sirsiya, P.S.- Bela, Disrict- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/O Y R/O Village- Sirsiya Bazar, Ward No.6, P.S- Bela, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv For the State :

Mr. Md. Ataur Rahman, APP For the Informant :

Mr. Ayush Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bela P.S. Case No. 113 of 2020, registered for the offence punishable under Sections 365, 366, 366A of IPC and Section 4 of POCSO Act.

3. The case of the prosecution, in short, as per the informant is that the petitioner along with other co-accused persons named in the FIR kidnapped the informant's minor daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He has falsely been implicated in the present case due to enmity

Patna High Court CR. MISC. No.8977 of 2026(3) dt.22-04-2026 2/3 and village politics. There is no eye witness to the alleged occurrence and the victim in her statement u/s 164 Cr.P.C. has not named the petitioner. He further submits that there is a delay of two days in filing the FIR and the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer of anticipatory bail.

6. Perused the statement of the victim under Section 164 of the Cr.P.C. In the said statement, the victim has not named the petitioner. Another co-accused Sangita Devi has already been granted anticipatory bail vide order dated 12.02.2026 passed in Cr. Misc. No. 312 of 2026. It is also informed by learned counsel for the informant that the main accused Mukesh Kumar has already been convicted. The petitioner also does not bear any criminal antecedent. Considering all these aspects of the matter, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in

Patna High Court CR. MISC. No.8977 of 2026(3) dt.22-04-2026 3/3 connection with Bela P.S. Case No. 113 of 2020, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kiran/- U T