IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90253 of 2025 Arising Out of PS. Case No.-285 Year-2025 Thana- KARAHGAR District- Rohtas ====================================================== Kisan Kumar @ Prabhat Kumar Ranjan S/o Dayanand Gandhi R/o Village - Khurhuriya, P.S - Kargahar, District - Rohtas ... ... Petitioner/s Versus 1. The State of Bihar 2. X W/o Kamlesh Kumar R/o Village - Khurhuriya, P.S - Kargahar, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 5 18-04-2026 Heard Mr. Rajani Kant Singh, learned counsel for the petitioner as well as Mr. Mritunjay Kumar Nirala, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 08.09.2025 in connection with Kargahar P.S. Case No. 285/2025, F.I.R. dated 07.09.2025 for the offences punishable under Sections 75 and 76 of the Bharatiya Nyay Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. 3. According to prosecution case, the petitioner is alleged to have entered the house of the informant and molested her minor neice. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.90253 of 2025(5) dt.18-04-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated and has committed no offence as alleged in the FIR. Learned counsel submits that except molesting there is no allegation that the petitioner has committed rape with her. Apart from that the victim’s statement under Section 183 of the B.N.S.S. was recorded in which she has not stated any thing about the rape and medical report does not support the allegation as levelled in the FIR. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.09.2025. 5. The learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and the victim in her statement recorded u/s 183 of the B.N.S.S. has not levelled any allegation of rape against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI cum Exclusive Special Court (POCSO), Rohtas at Patna High Court CR. MISC. No.90253 of 2025(5) dt.18-04-2026 3/3 Sasaran in connection with Kargahar P.S. Case No. 285/2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. atul/- (Rajesh Kumar Verma, J) U T