Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61887 of 2025 Arising Out of PS. Case No.-458 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Aman Kumar S/o Dindayal Ram @ Dindayal Das R/o Village - Pirapur Jagdishpur, P.S - Jandaha, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahjahan Khatun W/o Mohammad Moin R/o Village - Hasanpur Osti, P.S - Mahua, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Nikhilesh Kumar, Advocate For the State :

Mr. Murli Dhar, APP For the Informant :

Md. Harun Quareshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 96, 115(2), 126(2), 351(2), 352 and 3(5) of the B.N.S..

3. As per prosecution case, the informant alleged that this petitioner used to speak with the informant's daughter over phone. When the informant came to know about this, she went to confront Lakhindra Das. Thereafter, co-accused Lakhindra Das and Manish Kumar thrashed her and threatened to kidnap her daughter. It is further alleged that on 08.04.2025, co-accused

Patna High Court CR. MISC. No.61887 of 2025(5) dt.19-12-2025 2/3 Manish Kumar and two other accused persons came and forcibly took away the informant's daughter. The accused persons also assaulted the informant and threatened to kill her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, there was love affair between this petitioner and daughter of informant and when the relationship failed to continue, this false and concocted case has been lodged. No such occurrence, as alleged in the F.I.R., ever took place. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 13.04.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that during investigation, the victim was recovered and in her statement recorded under Section 183 of the B.N.S.S., she has categorically stated that this petitioner, along with co-accused Manish Kumar, committed rape with her. The learned trial court has assessed the age of victim as 16 years.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence

Patna High Court CR. MISC. No.61887 of 2025(5) dt.19-12-2025 3/3 and statement of the victim recorded under Section 183 of the B.N.S.S., the prayer for grant bail of to the petitioner is rejected.

7. However, considering the fact that petitioner is in custody since 13.04.2025, the learned trial court is directed to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) shashank/- U T