Patna High CourtCR. MISC./42632/2026rejected

Niraj Kumar v. The State Of Bihar

2026-07-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42632 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- KUMAR KHAND District- Madhepura ====================================================== Niraj Kumar S/O Bechan yadav R/O Vill.- Kewatgama, Ward No. 13, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

The State of Bihar 2.

X W/O Y R/O Vill.- Kewatgama, Ward No. 13, P.S.- Kumarkhand, DistrictMadhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Ms. Pooja Prasad, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.02.2026 in connection with Kumarkhand P.S. Case No. 40 of 2026, FIR dated 11.02.2026 registered for the offence under Section 64(1), 352(2) of the Bharatiya Nyay Sanhita, 2023 and Section 4/12 of the POCSO Act.

3. According to the prosecution case, the informant alleged that her minor daughter was suffering from stomach ache and pain in legs, so she brought her daughter to Shiva Hospital for treatment where doctor found she is pregnant of 8 months. On being asked, the daughter of the informant told that the petitioner raped her and threatened to kill if she told to anybody.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.42632 of 2026(2) dt.06-07-2026 2/2 submits that the petitioner has clean antecedent and he has falsely been implicated in this case and the petitioner is rotting in judicial custody since 12.02.2026.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 183 of BNSS in which she has fully supported the case of the prosecution and apart from that she has categorically stated that the petitioner has committed rape upon her. He further submits that medical report of the victim available in the case diary in which doctor has examined and found teenage pregnancy and date of birth of the victim is 01.01.2013, which suggest that at the time of alleged occurrence, she was minor.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Kumarkhand P.S. Case No. 40 of 2026, pending in the Court of District and Additional Session Judge-VI-cum-Spl. Judge, POCSO, Madhepura.

7. Prayer is refused.

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