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Patna High Court

Amalesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U       T


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