Patna High CourtCR. MISC./28680/2026rejected

Kuldeep Kumar v. The State Of Bihar

2026-04-28Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28680 of 2026 Arising Out of PS. Case No.-197 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Kuldeep Kumar S/o Paltan Mahto Resident of Village - Balahi, P.S - Waris Nagar, District - Samastipur ... ... Petitioner/s

Versus

The State of Bihar 2.

XXXX D/o YYYY Resident of Village - Charu, Ward No. 11, P.S - Waris Nagar, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard Mr. Krishna Pd. Singh, learned senior counsel for the petitioner and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 20.07.2025 in connection with Waris Nagar P.S. Case No. 197 of 2025, F.I.R. dated 19.07.2025 for the offences punishable under Section 70(2) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act.

3. According to prosecution case, this petitioner along with one accused person committed rape upon the victim who is about 15-16 years of age.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.28680 of 2026(2) dt.28-04-2026 2/2 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 has been recorded under Section 183 of the BNSS, 2023 in which she has categorically stated that the petitioner has committed rape upon her. Apart from that, the medical report of the victim suggest that the victim was only about 15-16 years of age at the time of occurrence and the said medical report also confirms the recent sign of hymen being ruptured.

6. Considering the nature of allegation as alleged in the FIR supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Waris Nagar P.S. Case No. 197 of 2025 pending in the court of learned Special Judge (Rape and POCSO), Samastipur.

7. Prayer is refused.

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