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Patna High CourtCR. MISC./23622/2026dismissed

Nitesh Kumar v. The State Of Bihar

2026-04-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23622 of 2026 Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Nitesh Kumar S/o Surendra Mahto R/o Village - Raksa Tin Gachhiya, P.S - Panapur Kariyat, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX (Victim) D/o Bhola Manjhi R/o Village - Raksa Tingachhiya, P.S - Panapur Kariyat, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the State :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahila P.S.Case No. 18 of 2025 registered for the offence punishable under Sections 126, 115(2), 64, 352 and 3(5) of the Bharatiya Nyaya Sanhita; Sections 4 and 6 of the POCSO Act and Sections 3(i)(r)(s)(wi)(wii) and 3(2)(va) of the SC/ST Act.

3. The petitioner is accused of establishing sexual relation with 15 year old girl.

4. The petitioner is in custody since 15.01.2026.

5. Learned counsel for the petitioner submits that the petitioner and the girl were in a live-in relationship and there is

Patna High Court CR. MISC. No.23622 of 2026(2) dt.15-04-2026 2/2 no injury on the girl to show that the petitioner has mistreated her.

6. Considering the fact that the petitioner has established sexual relation with a 15 year old girl, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T