Patna High CourtCR. MISC./64444/2025bail rejected

Nitish Yadav @ Nitish Kumar v. The State Of Bihar

2026-02-24Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64444 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- RAJAON District- Banka ====================================================== Nitish Yadav @ Nitish Kumar S/o- Mangal Yadav Resident Of VillageKathrang, Ps- Rajoun, Dist-Banka ... ... Petitioner/s

Versus

The State of Bihar 2.

Manoj Kumar Mandal S/o- Chabbilal Mandal Village- Rasalpur PoRajawar, Ps- Rajoun Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2026

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 117 of 2025 dated 13.03.2025 registered for the offence under Section 64 / 3(5) of the B.N.S. and Section 4 of the POCSO Act.

3. As per the first information report on 12.03.2025 the petitioner along with one another co-accused kidnapped the informant's minor daughter aged about 13 years and committed rape upon her.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case which would be evident from the fact that in her statement recorded under Section 180

Patna High Court CR. MISC. No.64444 of 2025(4) dt.24-02-2026 2/2 B.N.S.S. the victim has stated that she called the petitioner but in her statement recorded under Section 183 B.N.S.S. she has retracted from her earlier statement and has stated that she was kidnapped by the petitioner where the petitioner and his friend committed rape.

5. On the other hand, learned counsel for the State submits that offence alleged against the petitioner is serious in nature and from the statement of the informant's minor daughter recorded under Section 180 B.N.S.S. it is evident that 3-4 times the petitioner established physical relation with her. In the statement under Section 183 B.N.S.S. the victim girl has stated that apart from the petitioner, the co-accused also committed sexual act upon her at the behest of the petitioner.

6. Regard being had to the submission made by the parties, taking into consideration the nature of allegation made in the F.I.R. and the statement of the victim girl recorded during investigation, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

(Anil Kumar Sinha, J) praful/- U T