Patna High CourtCR. MISC./75833/2025bail rejected

Bitan Kumar @ Sarju Kumar v. The State Of Bihar

2026-02-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75833 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- JAMHOR District- Aurangabad ====================================================== Bitan Kumar @ Sarju Kumar Son of Damodar Ram Village- Barauli, Hasaiya Bigha, Ps- Jamhore, Dist- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar 2.

S Daughter of R Village- Barauli, Hasaiya Bigha, Ps- Jamhore, DistAurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the State :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State. No one appears on behalf of the opposite party no. 2.

2. The petitioner has preferred this application for grant of regular bail in connection with Jamhore P.S. Case no. 189 of 2025 registered under sections 126(2), 115(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have abused and physically assaulted the 13 year old informant on 9.7.2025 and again on 17.7.2025 on which date the mother of the victim was also beaten up.

Patna High Court CR. MISC. No.75833 of 2025(4) dt.11-02-2026 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case over a dispute with respect to passage of water. There is an unexplained delay of ten days in lodging of the FIR. The so called injuries on the body of the mother of the victim has been found to be simple in nature. The victim refused medical examination. The petitioner is in custody since 25.7.2025 and has no criminal antecedent. Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the specific allegation against the petitioner of having abused and assaulted the 13 year old victim/ informant on two days and the allegations having been supported by the victim in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) sauravkrsinha/- U T