Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46267 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MAHILA P.S. District- Bhojpur ====================================================== Chhotu Kumar S/o- Mitendra Yadav @ Jitendra Yadav Resident of VillageBishnupur, Bishnupura, Post- Jalpura Tapa, P.S-Chandi, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/o- Sujit Singh Village- Vishunpura Ps- Chandi Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Kumar Mehta, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State. No one appears on behalf of the O.P. No.2. Perused the case diary.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 31 of 2025 instituted for the offences under Sections 126(2)/351(2)/74/75/76/3(5) of the B.N.S., 2023 and Section 8 of the Protection of Children from Sexual Offences Act.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of sexually molesting the 13 years minor girl/informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46267 of 2025(4) dt.23-09-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature only to the extent of forcibly removing the cloths of the victim girl. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.06.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The victim girl is minor. The victim girl, in her statement recorded under Section 183 of the B.N.S.S., has stated that the petitioner dragged her inside a hut where the co-accused Amod Kumar was guarding and the petitioner touched her private parts and tried to make her naked. The Investigating Officer, after completion of investigation, has submitted chargesheet against the petitioner for offence under Sections 64(1)/62/3(5) of the B.N.S. and Sections 8/12 of the POCSO Act.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case and keeping in view the

Patna High Court CR. MISC. No.46267 of 2025(4) dt.23-09-2025 3/3 nature of allegation, gravity of the offence, materials available in the case diary as also taking into account the statement of the victim girl recorded under Section 183 of the B.N.S.S., 2023, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T