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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27135 of 2026 Arising Out of PS. Case No.-127 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Amalesh Kumar S/O Sonalal Sah @ Pannalal Sah R/O Village- Dekaha Batrauliya, P.S- Muffasil, District- East Champaran, Motihari. ... ... Petitioner/s Versus
1. The State of Bihar
2. X S/O Y R/O Village- Jhitkahiya, Ward No. 6, P.S- Muffasil, Distt.- East Champaran, Motihari. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 22-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 127/2023 registered for the offences punishable under Sections 363, 366A/34 of I.P.C. and Section 8 of POCSO Act.
3. As per the prosecution case, petitioner and others are said to have kidnapped the victim and thereafter took her to Delhi where she was raped by one co-accused Raushan.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. Petitioner was named in the statement of victim under Section 164 of Cr.P.C.
Patna High Court CR. MISC. No.27135 of 2026(2) dt.22-04-2026 2/2
Learned counsel further submits that he has one criminal antecedent in which he is on bail and he is in custody since
21.01.2026. The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed and if the trial is delayed, petitioner may renew his prayer for bail.
tusharika/- (Sandeep Kumar, J) U T