Bhola Kumar @ Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17049 of 2026 Arising Out of PS. Case No.-640 Year-2025 Thana- CHANDI District- Nalanda ====================================================== Bhola Kumar @ Amrendra Kumar S/O Surendra Prasad @Munna Prasad R/O Vill.- Daulatpur Milki, P.S.- Chandi, Dist.- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/o Y R/o Village - Z through S.H.O Chandi Police Station, (Nalanda) (in Chandi P.S.- 640/2025), P.S.- Chandi, Dist.- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case no. 640 of 2025 registered under sections 137(2), 140(4), 65(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023, sections 4 and 6 of the POCSO Act, 2012 and section 3(2)(v) of the SC/ST (POA) Act, 2014.

3. As per the prosecution case, the informant states that the petitioner committed rape on his minor daughter.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged in the FIR has taken place. The victim

Patna High Court CR. MISC. No.17049 of 2026(5) dt.08-07-2026 2/3 was examined in course of the trial and she has not supported the prosecution case. Learned counsel further submits that six witnesses have been examined on behalf of the prosecution and the petitioner undertakes to cooperate in the trial. The petitioner is in custody since 22.11.2025.

5. The application for bail is opposed by learned APP for the State who submits that there is direct allegation against the petitioner of having committed rape on the minor daughter of the informant. It is further submitted that the daughter of the informant in her deposition in the learned trial Court has accepted of having stated before the police of the petitioner having committed rape on her. Learned APP further submits that six witnesses having been examined on behalf of the prosecution and the trial is near its conclusion.

6. Having heard learned counsel for the parties and taking into consideration the allegation of rape against the petitioner in the FIR together with the same having been supported by the victim in her statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the trial having neared its conclusion with examination of six witnesses on behalf of the prosecution, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Patna High Court CR. MISC. No.17049 of 2026(5) dt.08-07-2026 3/3

7. The learned trial Court is directed to expedite the trial and to conclude the same within a period of four months from the date of receipt/production of a copy of this order. (Partha Sarthy, J) Bibhash/Amit U T