Binod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10684 of 2025 Arising Out of PS. Case No.-892 Year-2024 Thana- NAWADA District- Nawada ====================================================== Binod Kumar Son of Nand Kishore Prasad Resident Of Village -Koyribigha Barbigha Ps -Barbigha District- Sheikhpura ... ... Petitioner
Versus
1.
The State of Bihar 2.
Kapil Paswan Son of Late Dukhi Paswan village- Dhangoli, Po- Siswan, Dist- Nawada ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023.
3. Informant alleges that his 12 years old grand daughter Bharti Kumari had gone out of the house on 1.8.2024 at around 11 am to eat Samosa, but she did not return home. Informant suspected that this petitioner kidnapped his daughter.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that save and except suspicion, there is no other direct or indirect evidence
Patna High Court CR. MISC. No.10684 of 2025(2) dt.08-04-2025 2/2 against the petitioner to show his complicity in the occurrence.
5. Learned counsel for the State opposes the prayer for bail. He submits that the victim in her statement recorded under section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 has alleged that co-accused Geeta Devi took the victim to the petitioner, where petitioner and his three associates committed sexual assault with her.
6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T