Badal Kumar @ Badal YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16392 of 2026
                     Arising Out of PS. Case No.-349 Year-2025 Thana- PARBATTA District- Khagaria
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                 Badal Kumar @ Badal Yadav Son of Daro Yadav @ Darum Yadav Resident
                 of Village - Chhoti Lagar, P.S. - Parbatta, District - Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Munchun Devi Wife of Bablu Chaudhary R/o Village - Chakprayag, Ward
                 no. - 041, P.S. - Parbatta, Dist. - Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarvottam Kumar
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   04-05-2026                  Heard learned counsel for the parties.

                                2 The petitioner seeks regular bail in a case registered

                   for the offence punishable under Section 70 (2) of the BNS and

                   Sections 4, 6 of the POCSO Act.

                                3 The prosecution case, in short, is that the minor

                   daughter of the informant was taken away by one Sachin Kumar

                   near Bandh and there she was forcefully administered intoxicant

                   and, thereafter, intercourse was committed on her.

                                4 Learned counsel for the petitioner submits that

                   during the course of investigation, the victim has given her

                   statements under Sections 180 and 183 of the BNSS and in both

                   the statements, she has stated that after intoxication, when she
Patna High Court CR. MISC. No.16392 of 2026(3) dt.04-05-2026
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          gained consciousness, she found that one Badal, son of Bulbul

          Yadav was committing rape on her. Learned counsel for the

          petitioner has further submitted that the parentage of this

          petitioner is different from the Badal which was identified by

          the victim. The father of this petitioner is one Daro Yadav

          whereas the person who is alleged to have committed rape with

          the victim is Badal, son of Bulbul Yadav.

                       5 In this case, notices were issued to Opposite Party

          No 2 and a vakalatnama has also been filed on her behalf but on

          repeated calls, no body has appeared. However, learned APP

          appearing for the State is present.

                       6 From perusal of the medical examination report, it is

          clear that no mark of violence on any part of the body of the

          victim was found. Moreover, main thrust of allegation is against

          Badal, son of Bulbul Yadav.               Petitioner is in custody since

          14.11.2025.

                       7 Considering the aforesaid facts and circumstances

          of the case, this Court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, POCSO Act, Khagaria in
           Patna High Court CR. MISC. No.16392 of 2026(3) dt.04-05-2026
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                     Parbatta PS Case No 349 of 2025.



                                           (Ashok Kumar Pandey, J)
M.E.H./-

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