Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16807 of 2026 Arising out of PS. Case No.-273 Year-2025 Thana- GOPALPUR District- Bhagalpur ====================================================== Badal kumar Son of Arun Mandal @ Arun Kumar Mandal Resident Ward no. 05, Abhia Bazar, P.S. - Gopalpur, Dist. - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX W/o YYY Resident Ward no. 05, Abhia Bazar, P.S. - Gopalpur, Naugachia, Bhagalpur.

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in Gopalpur P.S. Case No. 273 of 2025 registered for the offences punishable under Sections 65(1) of the BNS and 4 and 6 of the POCSO Act.

3. The allegation is that while the informant was away from the house the petitioner entered the house and raped his minor daughter who was mentally challenged.

4. Learned counsel for the petitioner submits that the girl even could not get her statement recorded under section 183 BNSS.

5. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.16807 of 2026(4) dt.07-05-2026 2/2 has vehemently opposed the prayer for bail of the petitioner.

6. Considering the heinous nature of the act, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is rejected.

8. The trial court is directed to be proceeded expeditiously.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T