Raj Kumar Mishra @ Raja Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47142 of 2026 Arising Out of PS. Case No.-196 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Raj Kumar Mishra @ Raja Pandit Son of Bhola Shankar Mishra @Bhola Pandit Resident of village - Bakharpur, P.S.- Pirpainti, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Daughter of Bateshwar Mandal Resident of - Haldakhali Tola, Bakharpur, P.S.- Pirpainti, District - Bhagalpur.

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Pirpainti (Bakharpur) P. S. Case No. 196 of 2023 registered for the offences punishable under Sections 376(DA), 504, 506 and 34 of the Indian Penal Code, Sections 4, 8 of the Protection of Children from Sexual Offences Act, Section 67(A) of the Information Technology Act and 3(2)(v), 3(1)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. As per prosecution case, informant alleges that based on viral video, investigation was conducted in which daughter of one Bateshawar Mandal was being raped by the

Patna High Court CR. MISC. No.47142 of 2026(2) dt.31-07-2026 2/3 accused persons. During investigation, victim in her statement recorded under Section 164 Cr.P.C. stated that all the named accused persons caught hold of her when she was going to cut grass, committed rape upon her and prepared video of the same.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. During trial, victim and her parents were examined as P.W. 1, P.W. 2 and P.W. 3 wherein, none of them named this petitioner and victim has not identified this petitioner. They further stated that they have not lodged any case against anyone and the same has been lodged by the police party. Petitioner claims clean antecedent and is in custody since 23.11.2024.

5. However, learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, clean antecedent, period of custody and the fact that victim has not named or identified this petitioner during trial, this bail application is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of POCSO cum D.A.S.J-VII, Bhagalpur in connection with POCSO Case

Patna High Court CR. MISC. No.47142 of 2026(2) dt.31-07-2026 3/3 No. 71 of 2025 arising out of Pirpainti (Bakharpur) P. S. Case No. 196 of 2023.

(Prabhat Kumar Singh, J) Navya/- U T