Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81595 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- Mehsoul District- Sitamarhi ====================================================== Saurabh Kumar S/o Late Arvind Kumar Singh R/o vill - Kharakaun Eedgah Road, P.S- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subodh kumar Jha S/O- Mahanand Jha, R/O-Muraitha, P.S- jale, DistrictDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Mehsaul P.S. Case No. 96 of 2025, instituted for the offences under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that on 18.07.2025 at about 6.00 A.M. daughter of the informant aged about 14 years went missing from her house.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.81595 of 2025(3) dt.20-02-2026 2/3 in course of investigation, the Police arrested the petitioner. The petitioner is not named in the F.I.R. In fact, victim was living on rent in the house of the petitioner, when petitioner demanded rent then victim falsely implicated the petitioner in this case. The victim refused to undergo medical examination which completely demolishes the prosecution claim of any physical offence. He further submitted that victim in her statement stated that she left her house voluntarily. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.08.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State 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 stated that petitioner has carried her to his house, where he mixed sleeping pill in her food and committed sexual intercouse with her. The I.O. of this case after completion of investigation submitted Charge-sheet u/s 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 against the petitioner. Therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner at this stage.

Patna High Court CR. MISC. No.81595 of 2025(3) dt.20-02-2026 3/3

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

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed before the learned court below, the court concerned shall consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) manish/- U T