Jitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54483 of 2025 Arising Out of PS. Case No.-27 Year-2024 Thana- BHELDI District- Saran ====================================================== Jitesh Kumar S/o Chotelal Bhagat R/o Village- Koreyan, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarita Devi W/o Raj Bhagat R/o vill - Koreyan, P.S.- Bheldi, Distt.- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Bheldi P.S. Case No. 27 of 2024 instituted for the offence under Sections 363 & 366A of the Indian Penal Code. 3.

Prosecution case, in short, is that petitioner along with other co-accused person entice away the minor daughter of the informant with wrongful intent.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.54483 of 2025(5) dt.12-11-2025 2/3 that the petitioner is in custody since 29.12.2024. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for petitioner submits that victim herself went to Maharashtra with her own will. It is next submitted that victim's statement was recorded under Section 164 of the Cr.P.C. and she has given the same under family pressure. As per medical report, there is no evidence to suggest commission of recent sexual intercourse.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is minor and charge sheet in this case is submitted under Sections 363, 366A & 376 of the IPC and Sections 4/6 of the POCSO Act.

7.

Considering the aforesaid facts and circumstances of the case and since victim is minor, this Court is not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and

Patna High Court CR. MISC. No.54483 of 2025(5) dt.12-11-2025 3/3 unnecessary adjournments.

9.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months from today.

(Rudra Prakash Mishra, J) Raj Kishore/- U T