Golu Kumar @ Goloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30306 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- JITNA District- East Champaran ====================================================== Golu Kumar @ Goloo Kumar S/o Ramdarash Rai R/o Vill. - Ekdari, P.S. -Chhauradano, Dist. - East Chamaparan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

S.I. Takara Ram S/o Jaswanta Ram R/o Vill. - Sitodai, P.S. - Sanghal, Dist. - Jaislmer, Rajashthan at present posted S.S.B. - 71, Bataliyan, Barhara Check(Out) Post, Barila.

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 16.06.2025 in connection with Jitna P.S. Case No. 136 of 2025 for the offences punishable under Sections 69, 96, 65(1), 82(1) of B.N.S. and Sections 4, 6 of POSCO Act.

3. The case of the prosecution story is that one Thakara Ram presently posted as Sub-Assistant Sub-Inspector S.S.B.-71. B.N.E. Sam VOI Barhurba Check out Barela submitted an application to the S.H.O. Jitna P.S. East Champaran alleging therein that on the date of occurrence i.e. 15.06.2025 at 22 P.M. a person who was taking away a minor girl to Nepal towards border check post India and intercepted who did not reply satisfactory. The information was given to Paryash Juvenile Aid Centre, East Champaran the team arrived

Patna High Court CR. MISC. No.30306 of 2026(3) dt.08-07-2026 2/3 at the place of occurrence and the minor girl interpreted concealing who disclosed her named Mamta Kumari, aged about 15 years, D/o- Sikendra Mandal, resident of Village Bachapoor, Ward No.4, P.S.- Pupri, District- Sitamarhi. It is further alleged that in course of counseling she disclosed that she had fled away herself without informing her family members for the last five days. A few days ago she had gone to Chhorodani to house of Elder Sister where the said person met with her and also provided mobile number to talk. A five days ago he had asked the informant to receive her at Pupri Station without informing family member. It is further alleged that the said person also established physical relationship implicating in his own touch and giving allurement.

She does not know about the said person but already married having children. The said person took the informant in the tempo and got marry with her the informant disclosed his name Goloo Kumar, Son of Ramdersh Rai, resident of Village Akturi, Ward No.6, P.O.P.S.- Choradani, District- East Champaran.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. It is next submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence

Patna High Court CR. MISC. No.30306 of 2026(3) dt.08-07-2026 3/3 as alleged in the FIR, in fact, the petitioner was in love with the victim and with consent he has made physical relation with her.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that on the basis of radiological examination by the Medical Board it is found that the victim is 15-17 years which suggests that on the date of medical examination the victim was minor. Apart from that statement of the victim was recorded under Section 183 of B.N.S.S. wherein she has clearly stated that the petitioner has raped upon her.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Jitna P.S. Case No. 136 of 2025 pending in the court of learned 6th District & Additional Sessions Judge-cumExclusive Special Judge POSCO Act, East Champaran, Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T