Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22231 of 2025 Arising Out of PS. Case No.-202 Year-2022 Thana- HATHUA District- Gopalganj ====================================================== Abhishek Kumar S/o Jitendar Sah Resident of Village - Hathua Bazar, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Halima Khatoon D/o Munna Ansari R/o Bari Ishwar, P.S.- Mathura, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Learned APP for the State has already informed the informant regarding institution of the present case and despite the information, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Hathua P.S. Case No. 202 of 2022, instituted for the offences punishable under Section 376 DA of the Indian Penal Code and Section 6 of the POCSO Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons committed rape upon the

Patna High Court CR. MISC. No.22231 of 2025(5) dt.23-07-2025 2/3 informant and also made a video of the same. It is further alleged that they have threatened the victim to make the video viral.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner has not committed any offence as alleged against him. Name of the petitioner has transpired in this instant case due to dirty local politics and police without any cogent evidence has arrested the petitioner from his house. It is further submitted that medical test of the petitioner has not been done. The petitioner is in custody since 09.11.2022 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner is named in the FIR and there is specific allegation of committing rape against the petitioner. It is further submitted that the victim has supported the prosecution case in her statement recorded under Section 161 of Cr.P.C. and Section 164 of Cr.P.C. Hence, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.22231 of 2025(5) dt.23-07-2025 3/3

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T