Mithilesh Kumar Raw @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36186 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S District- West Champaran ====================================================== Mithilesh Kumar Raw @ Mithilesh Kumar S/o Viod Kumar Raw R/o VillageMansha Dubey, Pathkhauli, Police Station- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudha Kumari The Sub-Inspector of Police cum S.H.O., Mahila Police Station, Bettiah, Distt. West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bettiah Mahila P.S. Case No. 08 of 2025, instituted for the offences punishable under Sections 64, 65(1), 143(1), 145, 98, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 6, 8, 12 of POCSO Act, Sections 75, 79 of J.J. Act, Sections 3, 4, 5, 6 of I.T. Act, Sections 16, 17 and 18 of the Bounded Labour System Act.

3.

The informant filed a complaint before the ADJ, Champaran, based on an NCPCR tip-off, leading to raids at seven locations by the police team. Sixteen girls were rescued,

Patna High Court CR. MISC. No.36186 of 2025(4) dt.13-08-2025 2/3 and victims gave statements under Section 180 BNSS alleging repeated sexual assaults, exploitation for dance, and being forced into sexual activities by various accused associated with different orchestra groups.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that the petitioner has not committed any such offence as alleged in the FIR. The petitioner is in custody since 23.02.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submits that on perusal of record it appears that the victim is a minor girl. The petitioner is the main accused and there is direct allegation against the petitioner to establish illicit physical relationship with the recovered victim. Hence, the petitioner does not deserve the privilege of bail. Bail of other co-accused has been rejected by this Court vide order dated 0508-2025, passed in Cr. Misc. No. 30142 of 2025.

Patna High Court CR. MISC. No.36186 of 2025(4) dt.13-08-2025 3/3

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Raj Kishore/- U T