Lala Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20286 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Lala Kumar @ Mukesh Kumar S/O Deepak Manjhi Resident of VillageBetwan Bazar Argara Madhuban Tola Road, P.S.- Kasim Bazar, Dist.- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi W/o- Umesha Manjhi, R/o- Vill- Betwan Bazar, Argara Road, PS- Kasim Bazar, Dist Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Anant Kumar 1, APP For the Informant :

Mr. Abhishek Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. 2.

The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 261 of 2024 instituted for the offence under Sections 137(2), 96 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that petitioner enticed away the minor daughter of the informant for the purpose of marriage.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-10-2024. Petitioner

Patna High Court CR. MISC. No.20286 of 2025(3) dt.16-07-2025 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that the entire allegation levelled against the petitioner is fabricated and concocted. Learned counsel for the petitioner has drawn the attention of this Court to the medical report of the victim, wherein it is found by the doctor that there is no evidence of sexual assault.

6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner. Referring to the statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that victim has deposed that petitioner committed wrong with her. Moreover, victim is minor and several witnesses have supported the prosecution case, hence, petitioner does not deserve the privilege of bail. It is lastly submitted that cognizance against the petitioner is taken vide order dated 1912-2024 under Sections 137(2), 87 & 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the POCSO Act, as per impugned order.

Patna High Court CR. MISC. No.20286 of 2025(3) dt.16-07-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner of committing wrong act with her which fact is corroborated by the victim in her statement recorded under Section 183 of the BNSS, 2023, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail is hereby rejected. 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T