IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11689 of 2026 Arising Out of PS. Case No.-263 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Sikandra Kumar @ Sikindra Sahni Son of Rudal Sahni Resident of Village- Kusaiya, P.S- Warisnagar,District- Samastipur ... ... Petitioner/s Versus 1. The State of Bihar 2. Deepa Devi W/O- Rijhan Paswan vill- kusaiya, ps- warisnagar, dist- samastipur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 30-04-2026 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2. 2. Heard Mr. Rajeev Ranjan, learned counsel for the petitioner and Ms. Usha Kumari 1, learned Additional Public Prosecutor for the State. 3. Petitioner seeks bail who is in custody since 10.10.2025 in connection with Warisganj P.S. Case No. 263 of 2025, F.I.R. dated 10.10.2025 for the offences punishable under Sections 137(2), 64, 96, 76, 352, 351(2) and 3(5) of the BNS, 2023, Sections 3(1), (r) 3(1) (s) and 3(2) (Va) of the SC/ST Act and Sections 8 and 12 of the POCSO Act. 4. According to prosecution case, this petitioner has Patna High Court CR. MISC. No.11689 of 2026(3) dt.30-04-2026 2/3 kidnapped the daughter of the informant and committed rape with her. It is further alleged that the petitioner circulated obscene photos of the victim. 5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. 6. Learned Additional Public Prosecutor on the basis of material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement was recorded under Section 183 of the of the BNSS, 2023 in which she has fully supported the case of the prosecution and apart from that she has stated that the petitioner has committed rape upon her. He further submits that the date of birth of victim is 01.01.2009 and the date of occurrence is 16.09.2025 which suggest that on the date of occurrence the victim was only 16 years and 8 months old hence, she was minor at the time of occurrence. 7. Considering the nature of allegation supported by the victim in her statement recorded under Section 183 of the Patna High Court CR. MISC. No.11689 of 2026(3) dt.30-04-2026 3/3 BNSS, 2023 as well as age of the victim, I am not inclined to enlarge the petitioner on bail in connection with Warisnagar P.S. Case No. 263 of 2025 pending in the court of learned Additional Sessions Judge-VI-cum-Special Court (POCSO) District- Samastipur. 8. Prayer is refused. Vanisha/- (Rajesh Kumar Verma, J) U T