Gaji Amanullah @ Chhotu @ Gaji Amarullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72767 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- PARANDABAR District- Nawada ====================================================== Gaji Amanullah @ Chhotu @ Gaji Amarullah Son of Late Asmat Karim Resident Of Village -Khatangi Ps- Parnadabar District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX Son of Md. Khairul Resident Of Village -Khatangi Ps- Parnadabar District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP For the Informant :

Mr. Syed Asgher Najmi, Advocate Mr. Ashutosh Kumar Mishra, Advocate Mr. Wjeeha Jafri, Advocate Mr. Achyut Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Parnadabar P.S. Case No. 140 of 2025 instituted for the offences under Sections 64, 62 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/7 of the POCSO Act.

3. Allegation against the petitioner is of trying to commit rape upon the informant's minor daugther.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.72767 of 2025(3) dt.13-01-2026 2/2 petitioner is innocent and has falsely been implicated in the present case due to dispute between the parties. Learned counsel further submitted that victim has refused to undergo medical examination. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.06.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has corroborated the contents of the FIR, and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case also Section 183 Bharatiya Nagarika Suraksha Sanhita, 2023 statement of the victim, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T