Shibu Shrivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32644 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- DHAKA District- East Champaran ====================================================== Shibu Shrivastav Son of Sujit kumar Shrivastav Resident of VillageDumariya Tola, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The victim(X) D/o Prakash Chandra Nepali Resident of Village- Katai, P.S.- Katari, District- Udaypur (Nepal) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Prasad Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Niranjan Prasad Singh, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 24.01.2026 in connection with Dhaka P.S. Case No. 49 of 2026, FIR dated 23.01.2026 registered for the offence under Section 64(1) of the Bharatiya Nyay Sanhita, 2023 and Section 8 and 12 of the POCSO Act.

3. According to the prosecution, the informant alleges that the petitioner has forcefully made physical relationship with her in a room and she is pregnant now.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the allegation as

Patna High Court CR. MISC. No.32644 of 2026(2) dt.13-05-2026 2/2 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 24.01.2026.

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 statement of the victim was recorded under Section 183 BNSS in which she has fully supported the case of the prosecution and stated that petitioner has committed wrong with her and as per medical report the victim is about 14-16 years old.

6. Considering the facts and circumstances of the case as well as nature of allegation supported by medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Dhaka P.S. Case No. 49 of 2026, pending in the Court of 6th District & Additional Sessions Judge-cumExclusive Special judge, POCSO Act, East Champaran, Motihari.

7. Prayer is refused.

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