Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65877 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- Bhimnagar District- Supaul ====================================================== Mithlesh Kumar Premchandra Bhagat @ Premchandra Prasad R/o Vill. - Dhanwati Math, P.S. - Dhanauti, Dist. - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhawna(UID No. - 2081642) D/o Rajendra Singh R/o Village - Khampur, P.S. - Alipur, Delhi(Informant of the case).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyaya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bhim Nagar P.S. Case No. 53/2025 registered for the offences punishable under Sections 140(3), 143, 144, 3(5) of the B.N.S. and Sections 4, 8, 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of kidnapping minor girl for the purpose of orchestra and making her work in the orchestra where she was raped by one Jitendra Prasad.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.65877 of 2025(8) dt.22-12-2025 2/3 Learned counsel further submits that petitioner is not named in the statement of the victim girl recorded under Section 164 Cr.P.C. He further submits that the petitioner had gone to book orchestra for marriage and during that he was caught by the police. He further submits that there is no allegation against him by the victim girl in her statement. Petitioner is a man with a clean antecedent and he is in custody since 13.07.2025. The petitioner undertakes to co-operate in the case/ trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Addl. Sessions Judge-VIcum- Special Judge, POCSO Act, Supaul/concerned Court below in connection with POCSO Case No. 82 of 2025 (arising out of Bhim Nagar P.S. Case No. 53/2025) subject to the conditions:- (i) The petitioner after being released on bail, is directed to mark his attendance at Dhanauti Police Station, District- Siwan on any two Sundays of every

Patna High Court CR. MISC. No.65877 of 2025(8) dt.22-12-2025 3/3 month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioner. (ii) the petitioner after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the Trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(iii) the bail bond of the petitioner shall automatically be cancelled if he is found involved in such cases in the future.

(Sandeep Kumar, J) tusharika/- U T