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Patna High Court

Mukesh Kumar@ Dukharan @ DukhranversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                                        2/2




                      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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