IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70200 of 2025 Arising Out of PS. Case No.-173 Year-2025 Thana- DAGARUA District- Purnia ====================================================== Chandan Sah @ Chandan Kumar Sah S/o Dukhan Sah R/o Village- Kumhari,Ward No. 6, P.S.- Kadwa, District- Katihar ... ... Petitioner/s Versus 1. The State of Bihar 2. Sagri Devi W/O Jotin Mandal R/V - Anarkol, ward no. 11, P.S.- Dagarua, Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 11-02-2026 Heard the parties. 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Dagarua P.S. Case No. 173/2025, registered for the offence under Sections 65, 3(5) of the BNS, 2023 and Section 4 of the POCSO Act. 3. The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 14 years alongwith co-accused persons and thereafter to commit penetrative sexual assault/ rape upon her. 4. It is submitted by learned counsel appearing Patna High Court CR. MISC. No.70200 of 2025(3) dt.11-02-2026 2/3 on behalf of the petitioner that upon medical examination no sign of sexual assault/ injury was noted upon victim. It is pointed out that the victim was in actual found between the age group of 14-17 years. It is submitted that out of acquaintance victim visited Patna with this petitioner, from where she returned after couple of days but due to oblique motive, the mother of the victim lodged present criminal case against the petitioner without any cogent material. It is submitted that statement under Section 183 of BNSS was recorded under influence of the parents as even the FIR lodged after the six days of the alleged occurrence. 5. Arguing further, it is submitted that FIR is based upon information supplied by victim to her parents/ informant but no allegation as to commit rape is available against this petitioner rather same is specific against co- accused namely, Chhotu Mehta @ Chhotu Mehta. While concluding arguments, it is submitted that petitioner is a man of clean antecedent. Patna High Court CR. MISC. No.70200 of 2025(3) dt.11-02-2026 3/3 6. Learned APP while opposing the prayer of bail submitted that while recording statement under Section 183 of BNSS, victim categorically named this petitioner alongwith Chhotu Mehta as to commit penetrative sexual assault/ rape upon her. 7. Let it be so, considering the statement of victim recorded under Section 183 of BNSS, where she categorically stated that this petitioner alongwith Chhotu Mehta @ Chhotu Mehta committed penetrative sexual assault/ rape upon her, accordingly, the prayer for anticipatory bail of this petitioner stands rejected. Sudha/- (Chandra Shekhar Jha, J) U T