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2025 DAILYLAW 78207 (PAT)

Rajesh Kushwaha @ Rajesh Kumar v. The State of Bihar

CR. MISC./71370/2025 · 2025-10-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71370 of 2025 Arising Out of PS. Case No.-261 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Rajesh Kushwaha @ Rajesh Kumar S/o Ramdhary Singh R/O village- Gopinathpur, P.S.-Durgawati, District-Kaimur ... ... Petitioner/s Versus 1. The State of Bihar Patna 2. X D/o Mushim Khan Resident of Village- Gopinathpur,P.S. - Durgawati, District- Kaimur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-10-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 64 and 351(2) of the B.N.S. and under section 4/6 of the POCSO Act. 3. As per FIR, on 22.07.2025 at about 11:30 P.M. this petitioner forcibly entered the house of the informant and commtted rape upon her. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to local village politics. Petitioner claims clean antecedent. 5. Learned counsel for the State opposes the prayer Patna High Court CR. MISC. No.71370 of 2025(2) dt.09-10-2025 2/2 for bail and submits the victim in her statement recorded under Section 183 B.N.S.S. has supported the case of the prosecution and age of the victim is 13 years. 6. Considering the statement of the victim and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. AjayMishra/- (Prabhat Kumar Singh, J) U T