Patna High CourtCR. MISC./22599/2026rejected

Mukesh Kumar@ Dukharan @ Dukhran v. The State Of Bihar

2026-04-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22599 of 2026 Arising Out of PS. Case No.-84 Year-2019 Thana- KHAIRA District- Saran ====================================================== Mukesh Kumar@ Dukharan @ Dukhran S/O Sattan R/O Vill.- Rehuya Mansur, P.S- Ramgaon, Dist- Bahraich, Uttar Pradesh ... ... Petitioner/s

Versus

The State of Bihar 2.

XX S/O YY R/V - Barnpura, P.S. - Khaira, Dist. - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shweta Anand, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Ms. Shweta Anand, learned counsel for the petitioner and Md. Aslam Ansari, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 02.02.2026 in connection with Khaira P.S. Case No. 84 of 2019, FIR dated 24.03.2019 registered for the offence under Section 363, 366A of Indian Penal Code and later added Section 36(3)/34 of Indian Penal Code and Section 4 of POCSO Act.

3. According to the prosecution case, the informant suspects the involvement of the petitioner in kidnapping his daughter.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the

Patna High Court CR. MISC. No.22599 of 2026(2) dt.07-04-2026 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. and the petitioner is rotting in judicial custody since 02.02.2026.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that victim in her statement recorded under Section 183 BNSS has fully supported the case of the prosecution and stated that petitioner committed rape upon her and apart from that date of birth of victim is 02.04.2003, which suggest that on the alleged date of occurrence, she was minor.

6. Considering the facts and circumstances of the case as well as nature of allegation and statement of the victim which was recorded under Section 183 BNSS , I am not inclined to enlarge the petitioner on bail in connection with Khaira P.S. Case No. 84 of 2019, pending in the Court of Exclusive Special Additional Sessions Judge (POCSO), Saran, Chapra.

7. Prayer is refused.

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