Prabhakar Kumar @ Prabhakar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35456 of 2026 Arising Out of PS. Case No.-3 Year-2025 Thana- TAJPUR District- Samastipur ====================================================== 1.

Prabhakar Kumar @ Prabhakar Giri S/o Fuleshwar Giri R/o Village - Songar, PS - Tajpur, District - Samastipur 2.

Rohit Kumar @ Rohit Giri S/o Fuleshwar Giri R/o Village - Songar, PS - Tajpur, District - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 25-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Tajpur P.S. Case No. 03 of 2025, registered under Sections 126(2), 115(2), 118(1), 76, 303(2), 109, 352, 351(2) and 3(5) of BNS, 2023.

3. As per prosecution case, the allegation is that the petitioners entered the house of the informant and tried to molest her. On protest, Rohit Giri caught hold of the informant and Prabhkar Kumar (petitioner no. 1) assaulted her multiple times.

4. The counsel for the petitioners submits that the informant and the petitioners are cousins. There is prior

Patna High Court CR. MISC. No.35456 of 2026(2) dt.25-05-2026 2/3 litigation between them. The father of the petitioners was assaulted by the informant side for which Tajpur P.S. Case Nos. 183/ 2024 and 181/2024 were lodged. In order to gain advantage in the earlier litigation. Petitioners are in custody since 24.02.2026.

5. The impugned order would suggest otherwise. The injury report of the 15 years old girl is there where she seems to have sustained six injuries caused by sharp cutting injuries. No doubt there is prior litigation between the parties and the parties are agnates but this does not give them a license to assault a 15 years old girl who has sustained six stabbed injuries on her body.

6. Learned APP for the State has vehemently opposes the prayer for bail of the petitioners.

7. Considering the nature of injuries and the age of the victim, this bail application stands rejected.

8. If the trial is delayed by the prosecution, the petitioners may renew their prayer for bail after six months.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.35456 of 2026(2) dt.25-05-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Ranjeet/- U T