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2025 DAILYLAW 4641 (PAT)

Mithu Kumar @ Mithun Kumar v. The State of Bihar

CR. MISC./82259/2025 · 2026-02-24

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66231 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Raja Kumar S/O Rambabu Pandit R/O Village- Salempur, P.S.- Rampur Hari, District- Muzaffarpur ... ... Petitioner/s Versus 1. The State of Bihar 2. Brahmdev Sah S/O Late Faguni Shah R/O Village- Salempur, P.S.- Rampur Hari, District- Muzaffarpur ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82259 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Mithu Kumar @ Mithun Kumar S/O Sunindra Sah @ Sumindra Sah R/O Village- Salempur, P.S.- Rampurhari, District- Muzaffarpur. ... ... Petitioner/s Versus 1. The State of Bihar 2. X S/O late Faguni Sah R/O Village- Salempur, P.S.- Rampurhari, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 66231 of 2025) For the Petitioner/s : Mr.Niranjan Parihar, Advocate For the Opposite Party/s : Mr.Ahmad Ali, A.P.P. (In CRIMINAL MISCELLANEOUS No. 82259 of 2025) For the Petitioner/s : Mr.Alok Kumar Alok, Advocate For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 6 24-02-2026 Both the cases are heard together as they arise out of common Rampurhari P.S. Case No. 97 of 2025. 2. Heard learned counsel for the petitioners and learned APP for the State. Patna High Court CR. MISC. No.66231 of 2025(6) dt.24-02-2026 2/3 3. The petitioners seek bail in a case registered for the offence punishable under Sections 126 (2), 115 (2), 137 (2), 70 (1), 351 (2) (3) and 3 (5) of B.N.S and Section 4/6 of POCSO Act. 4. As per the prosecution case, petitioners along with other co-accused persons is alleged to have abducted minor daughter of the informant and committed gang rape on her and also threatened her of dire consequences. 5. Learned counsel for the petitioner submits that the petitioners have falsely been implicated in the present case and the provision of POCSO Act would not be applicable as according to the statement of the victim girl she is aged about 19 years and the medical examination report of the victim is not on record. Petitioners are in custody since 15.05.2025 with no criminal antecedent. Neither the medical examination report nor the forensic report of the petitioners is on record. 6. Learned APP for the State and learned counsel for the informant oppose the bail petitions on the ground that the victim is a minor girl and she has completely supported the case of the prosecution by specifically naming these petitioners in her statement both under Sections 180 and 183 of B.N.S.S. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioners have been specifically named by the victim in her statement under Section 183 of the B.N.S.S, this Court is not inclined to grant bail to the Patna High Court CR. MISC. No.66231 of 2025(6) dt.24-02-2026 3/3 petitioners, the applications are thus rejected. 8. The learned court concerned is, however, directed to expedite the trial without giving any unnecessary adjournments. vashudha/- (Soni Shrivastava, J) U T