Abhisek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17782 of 2026 Arising Out of PS. Case No.-206 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Abhisek Kumar Son of Anil Prasad @ Anil Kumar Resident of village - Jagiraha, P.S.- Kotwa, District- East Champaran... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Anurag Rai Resident of village - Chitariya, P.S.- Kotwa, DistrictEast Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard Mr.Abhishek Kumar, learned counsel for the petitioner, Mr. Ajay Kumar Singh,learned counsel for the informant and Mr.Madhura Nand Jha, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 23.10.2025 in connection with Kotwa P.S. Case No. 206 of 2022, F.I.R. dated 28.05.2022 registered for the offence punishable under Sections 363,365,366(A) of IPC and Sections 8/12 of the POCSO Act.

3. The prosecution case, in short, is that on 27.05.2022, the petitioner is alleged to have kidnapped the daughter (the victim) of the informant for the purpose of her marriage.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.17782 of 2026(2) dt.17-03-2026 2/2 submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the FIR, there is direct and specific allegation against the petitioner that he has kidnapped the daughter of the informant, victim was recovered and her statement under Section 183 of BNSS, 2023 was recorded in which she has categorically stated that the petitioner has forcefully kidnapped her and committed rape against her Will number of times.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Kotwa P.S. Case No. 206 of 2022, pending in the court of learned 6th District and Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T