IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13700 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Rangila Gupta @ Dilkhush Gupta Son of Surya Gupta @ Surya Narayan Prasad village- Pursauliya, ps- Kaluahi, Dist- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Kuraisha Khatun Wife of Md Shamshad village- Pursauliya, ps- Kaluahi, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 23-04-2025 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner and Md. Mushtaque Alam, learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Kaluahi P.S. Case No. 92 of 2024, F.I.R. dated 29.05.2024 for the offences punishable under Sections 363, 366A, 376, 506/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act, 2012. 3. According to prosecution case, this petitioner with the help of one other accused person has kidnapped the minro daughter of the informant and committed rape upon her. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.13700 of 2025(3) dt.23-04-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the statement of the victimhas been recorded under Section 164 of the Cr.P.C. / Section 183 of the BNSS in which she has not stated anything about the petitioner. 5. Learned Additional Public Prosecutor on the basis of material available on record has vehemently opposed the prayer for bail of the petitioner and submits that it has come in the impugned order that the statement of the victim was recorded under Section 164 of the Cr.P.C. / Section 183 of the BNSS in which she has categorically stated that the petitioner has abducted her and apart from that the petitioner has committed rape upon her. He further submits that the date of birth of the victim is 20.07.2007 which suggestst that at the time of occurrence she was minor. 6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Kaluahi P.S. Case No. 92 of 2024 pending in the court of Additional Sessions Judge 6th cum Patna High Court CR. MISC. No.13700 of 2025(3) dt.23-04-2025 3/3 Special Judge POCSO Act, Madhubani. 7. Prayer is refused. Vanisha/- (Rajesh Kumar Verma, J) U T