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Patna High CourtCR. MISC./38512/2025bail rejected

Hanumann Kumar @ Bajrangi Kumar v. The State Of Bihar

2025-08-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38512 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- DINARA District- Rohtas ====================================================== Hanumann Kumar @ Bajrangi Kumar S/o Late Jagdamba Seth R/o VillageKarang, PS- Dinara, Dist- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Devi W/o Late Deepak Seth R/o vill - karang, P.S. - Dinara, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 70 of 2025, instituted for the offences punishable under Sections 65(2), 115(2), 352, 3(5) of the Indian Penal Code and Section 6 of POCSO Act.

3. The prosecution case, in short, is that the petitioner tried to sexually assault the informant's minor daughters and also took gold ornaments and Rs. 1,00,000/- cash from the house of informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38512 of 2025(5) dt.21-08-2025 2/3 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. There is delay of two days in lodging the FIR. It is next submitted that statement of both the victims recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are contradictory and do not support the prosecution case. It is further submitted that the trial is in progress and out of five witnesses only three witnesses have been examined in this case and one victim girl and the informant have turned hostile. The petitioner is in custody since 21.02.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner is of committing rape upon minor daughters of the informant. The allegation levelled against the petitioner is serious in nature. It is next submitted that the victims have supported the allegation levelled against the petitioner. It is further submitted that the trial is in progress and, hence, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.38512 of 2025(5) dt.21-08-2025 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) Rajorshi/- U T