Patna High Court
Amalesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the gravity of the offences precludes regular bail at this stage.
Summary
The petitioner, Amalesh Kumar, was arrested in connection with a kidnapping and rape case (PS Muffasil Case No. 127/2023) involving offences under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act. The prosecution alleges that the petitioner and co‑accused abducted the victim and took her to Delhi where she was raped by another accused. The petitioner contended that he was falsely implicated, citing his prior criminal antecedent for which he is already on bail, and offered to cooperate with the investigation. The Additional Public Prosecutor opposed regular bail, emphasizing the gravity of the offences. The High Court, after considering the seriousness of the charges, declined to grant bail and dismissed the petition, allowing the petitioner to re‑apply if trial delays occur.
Issues considered
- Whether bail should be granted to an accused in a kidnapping and rape case involving serious offences under the IPC and POCSO Act.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- rape
- POCSO Act
- serious offences
- criminal procedure
Judgment
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.
(Sandeep Kumar, J)
tusharika/-
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