Chhotu Bhagat @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9635 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- GORADIH District- Bhagalpur ====================================================== Chhotu Bhagat @ Chhotu Kumar S/O Ashok Bhagat R/O Village- Goradih, P.S- Goradih, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Goradih P.S. Case No. 148 of 2025 dated 14.06.2025 registered for the offences punishable under Section 96, 352, 351(2)(3) and 3(5) of B.N.S

3. As per the allegation, the daughter of the informant went to school for getting a certificate and in the meantime, the FIR named accused persons including this petitioner kidnapped the informant's daughter. When the informant went to the house of this petitioner, co-accused Ashok Bhagat and this petitioner threatened and abused her.

4. Learned counsel for the petitioner has submitted that there is a delay of eleven days in lodging the FIR and the

Patna High Court CR. MISC. No.9635 of 2026(3) dt.22-04-2026 2/2 victim was actually in love with this petitioner and has joined her company wilfully. After her recovery and going into the hand of the informant and the police she has changed her statement under Section 183 B.N.S.S. The petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record, the impugned order goes to show that the victim was below 18 years on the date of occurrence and as per her statement recorded under Section 183 B.N.S.S., this petitioner had forcibly taken her to Delhi and had made physical relation with her forcibly.

7. Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner and the same is accordingly dismissed. (Praveen Kumar, J) shivam/- U T