Patna High CourtCR. MISC./85418/2025dismissed

Ashutosh Kumar v. The State Of Bihar

2026-02-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85418 of 2025 Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Ashutosh Kumar S/o Jitendra Sharma R/o Village- Matadih, PS- Dharhara, Dist- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kumar, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The defect(s) is ignored.

3. This is the second attempt on behalf of the petitioner for grant of bail in connection with Mahila P.S. Case No. 35 of 2023 registered for the offence under Sections 376, 504, 506 of the Indian Penal Code and Section 06 of POCSO Act.

4. Earlier the bail application of the petitioner has been rejected vide order dated 16.10.2023 passed in Cr. Misc. No. 66270 of 2023, which reads as under:

"Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

Patna High Court CR. MISC. No.85418 of 2025(2) dt.09-02-2026 2/2

3. The petitioner seeks bail in connection with Mahila P.S. Case No. 35 of 2023 registered for the offence under Sections 376, 504, 506 of the Indian Penal Code and Section 06 of POCSO Act.

4. As per the prosecution case, the petitioner is alleged to have committed rape with a minor girl.

5. In view of the serious allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the prayer of bail of the petitioner is rejected herewith.

7. The Court below is directed to expedite the trial."

5. Considering the gravity of the offence, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed.

7. The Superintendent of Police, Lakhisarai is directed to ensure the appearance of the witnesses in the trial so that the trial is not delayed.

8. Let a copy of this order be communicated to the Superintendent of Police, Lakhisarai forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) P. Kumar U T