Patna High Court
Mukesh Kumar@ Dukharan @ DukhranversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court denied bail to the petitioner.
Summary
Mukesh Kumar, the petitioner, was arrested on 2 February 2026 in connection with a 2019 case (Khaira PS Case No. 84) involving alleged kidnapping and sexual offences. The FIR charges him under IPC Sections 363, 366A, 376(3)/34 and Section 4 of the POCSO Act, alleging the kidnapping and rape of a minor. The petitioner contended he has a clean record and was falsely implicated, seeking bail. The State opposed bail, relying on the victim's statement recorded under Section 183 of the BNSS, which affirmed the allegations and highlighted the victim's minor status at the time of the alleged offence. After considering the seriousness of the charges, the victim's testimony, and the nature of the allegations, the Court refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner in a case involving kidnapping and alleged rape of a minor under IPC and POCSO provisions.
- Whether the victim's statement under Section 183 BNSS warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A, 376(3)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- kidnapping
- rape
- minor
- POCSO
- victim statement
- IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22599 of 2026
Arising Out of PS. Case No.-84 Year-2019 Thana- KHAIRA District- Saran
======================================================
Mukesh Kumar@ Dukharan @ Dukhran S/O Sattan R/O Vill.- Rehuya
Mansur, P.S- Ramgaon, Dist- Bahraich, Uttar Pradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/O YY R/V - Barnpura, P.S. - Khaira, Dist. - Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Ms. Shweta Anand, learned counsel for the
petitioner and Md. Aslam Ansari, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
02.02.2026 in connection with Khaira P.S. Case No. 84 of 2019,
FIR dated 24.03.2019 registered for the offence under Section
363, 366A of Indian Penal Code and later added Section
36(3)/34 of Indian Penal Code and Section 4 of POCSO Act.
3. According to the prosecution case, the informant
suspects the involvement of the petitioner in kidnapping his
daughter.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.22599 of 2026(2) dt.07-04-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. and the petitioner is rotting in judicial custody since
02.02.2026.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner and
submits that victim in her statement recorded under Section 183
BNSS has fully supported the case of the prosecution and stated
that petitioner committed rape upon her and apart from that date
of birth of victim is 02.04.2003, which suggest that on the
alleged date of occurrence, she was minor.
6. Considering the facts and circumstances of the
case as well as nature of allegation and statement of the victim
which was recorded under Section 183 BNSS , I am not inclined
to enlarge the petitioner on bail in connection with Khaira P.S.
Case No. 84 of 2019, pending in the Court of Exclusive Special
Additional Sessions Judge (POCSO), Saran, Chapra.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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