Patna High CourtCR. MISC./76598/2025rejected

Aakash Kumar v. The State Of Bihar

2026-03-11Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76598 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Aakash Kumar S/O Uchit Mahto @ Suman Mahato Resident of VillageRatanpura Bindtoli Pokhara, P.S.- Chapra Muffasil, Dist.- Saran (Chapra) ... ... Petitioner/s

Versus

The State of Bihar 2.

X S/O Late Kishun Mahto Resident of Village- Ratanpura Bindtoli Pokhara, P.S.- Chapra Muffasil, Dist.- Saran (Chapra) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of the opposite party no. 2 despite valid service of notice.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 65(2), 352, 351(2) of the B.N.S and Section 4 of the POCSO Act.

3. Petitioner is said to have committed rape with the daughter of the informant and also assaulted her with fists and slaps.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the grounds of enmity. It is further submitted that the medical examination report also does not indicate any evidence of recent

Patna High Court CR. MISC. No.76598 of 2025(6) dt.11-03-2026 2/2 sexual assault at the time of examination of the victim girl. Further, the petitioner is in custody since 11.05.2025 with no criminal antecedent.

5. Learned APP for the State has opposed the application for bail on the ground that the victim is a minor girl of about 11 years of age and has also supported the case of the prosecution in her statement recorded under Section 183 of the B.N.S.S.

6. Taking into consideration the facts and circumstances and also considering the seriousness of the allegations and the statement of the victim under Section 183 of the B.N.S.S., I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection Chapra Muffasil P.S. Case No. 250 of 2025.

(Soni Shrivastava, J) devendra/- U T