Amarjeet Kumar @ Amarjeet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42823 of 2026 Arising Out of PS. Case No.-61 Year-2026 Thana- BIHRA District- Saharsa ====================================================== Amarjeet Kumar @ Amarjeet S/O Lakshman Yadav R/O Village- Domma (Dumma Tola), P.S - Bihra, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi W/O Manoj Chaudhary R/O Village- Daurma, Ward No. 5, P.S.- Bihra, Distt.- Saharsa.

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr.Binod Murari Mishra, learned counsel for the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 17.02.2026 in connection with Bihra P.S. Case No. 61 of 2026, F.I.R. dated 16.02.2026 registered for the offence punishable under Sections 61,89 of BNS and Sections 4,6 of the POCSO Act.

3. Allegation against the petitioner is that he has committed rape upon the victim.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in

Patna High Court CR. MISC. No.42823 of 2026(2) dt.06-07-2026 2/2 the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 183 of BNSS, 2023 recorded in which she has categorically stated that the petitioner has committed rape upon her and due to aforesaid, the victim has become pregnant, apart from that, the date of birth of the victim is 21.01.2011 which suggests that on the date of occurrence, the victim was minor.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bihra P.S. Case No. 61 of 2026 pending in the court of learned Exclusive Special Judge, POCSO, Saharsa.

7. Prayer is refused.

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