Chhotu Kumar @ Chhotu Yadav @ Chhotu Kumar Yadav v. The State of Bihar
CR. MISC./41885/2026 · 2026-08-13
Anshuman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29248 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29248 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41885 of 2026 Arising Out of PS. Case No.-357 Year-2025 Thana- KATORIYA District- Banka ====================================================== Chhotu Kumar @ Chhotu Yadav @ Chhotu Kumar Yadav Son of Late Nuneshwar Yadav Resident of Dhakna, Ps- Suiya, Dist- Banka ... ... Petitioner/s Versus
1. The State of Bihar
2. XXX Daughter of YYY Resident of village- Udaypura, Ps- Katoriya Dist- Banka ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 13-08-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 357/2025, lodged on 21.11.2025 under Sections 96 of the B.N.S., 2023 and Section 8 of the POCSO, Act. 3. As per the prosecution case, the petitioner alleged to have took away the minor daughter of the informant and kept her in his house. It is further alleged that when the informant went to the house of the petitioner, her daughter was not allowed to come. 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41885 of 2026(3) dt.13-08-2026 2/3 petitioner is innocent and has committed no offence. The petitioner is in custody since 22.11.2025 and he is accused in one more criminal case. He further submits that for the occurrence of 24.10.2025, the FIR was lodged on 21.11.2025 without any cogent reason. He further submits that on the previous occasion, case diary along with statement of the victim under Section 183 of the B.N.S.S., 2023 was called for. He further submits that the petitioner is willing to abide by any conditions that may be imposed by this Hon’ble Court in the event of his release on bail. 5. Learned counsel for the State opposes the prayer for bail and submits that it is true that the FIR was lodged with delay but reason for delay lodging of the FIR has already been explained in the FIR. In the case diary, it has come that the petitioner is a married person.
He further submits that in the statement recorded under Section 183 BNSS, it has been stated by the victim that she left her house herself and went to the house of the petitioner where petitioner developed physical relation with her. It has also come that victim is minor. 7. Considering that the petitioner is a married person and he developed physical relation with the victim who is a minor, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.41885 of 2026(3) dt.13-08-2026 3/3 petitioner. 8. Accordingly, the prayer for regular bail of the petitioner in connection with Katoriya P.S. Case No. 357 of 2025, pending before the learned Additional Sessions Judge-6- cum-Special Judge POCSO, Banka is hereby rejected. Ashwini/- (Dr. Anshuman, J) U T