Patna High CourtCR. MISC./26199/2026rejected

Md. Rehan v. The State Of Bihar

2026-04-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26199 of 2026 Arising Out of PS. Case No.-40 Year-2025 Thana- Telta District- Katihar ====================================================== Md. Rehan S/O Md. Raju R/O Kathalbari Dharampur, Police StationGowalpur, Distt.- Uttar Dinajpur (West Bengal). ... ... Petitioner/s

Versus

The State of Bihar 2.

XXX S/O Late Chand Mohan Das R/O Village- Palsa, P.S- Telta, Distt.- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2026 Heard Mr. Ashutosh Kumar Mishra, learned counsel for the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.12.2025 in connection with Telta P.S. Case No. 40 of 2025, F.I.R. dated 16.08.2025 for the offences punishable under Sections 137(2) and 64(1) of the BNS, 2023 and Section 4 of the POCSO Act.

3. According to prosecution case, this petitioner has kidnapped the daughter of the informant and also committed rape upon her.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.26199 of 2026(2) dt.20-04-2026 2/2 petitioner is innocent and he has falsely been implicated in the present case. 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 Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement was recorded under Section 183 of the BNSS, 2023 in which she has categorically stated that the petitioner has abducted her and committed rape upon her. He further submits that the medical report of the victim also suggest that she has been used for sexual intercourse.

6. Considering the nature of allegation as alleged in the FIR supported by the medical evidence of the victim, I am not inclined to enlarge the petitioner on bail in connection with Telta P.S. Case No. 40 of 2025 pending in the court of learned C.J.M. Katihar.

7. Prayer is refused.

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