Bittu Mishra @ Nitesh Kumar MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35754 of 2026
                    Arising Out of PS. Case No.-31 Year-2026 Thana- MAHILA P.S. District- Samastipur
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                 Bittu Mishra @ Nitesh Kumar Mishra Son of Umesh Mishra Resident of
                 Village - Mishra Tola, Ward No. - 9, P.S. - Rosera, District - Samastipur
                 (Bihar).

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Neeraj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-05-2026                         Heard the learned counsel for the petitioner and

                   the learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Mahila P.S. Case No. 31 of 2026, for allegedly

                   having committed offence under Sections 70(1), 143(2), 351(2)

                   and 3(5) of the BNS and Section 3(2), (k), 4 & 5 of the Immoral

                   Traffic (Prevention) Act, 1956.

                                   3. As per the prosecution story, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that she had a talk with one Dilip Kumar

                   through whatsapp call and thereupon, on the request made by

                   the said Dilip Kumar, she came to Samastipur. When the

                   informant reached at Samastipur Railway Station on 19.03.2026,
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          she called Dilip Kumar. Thereupon, the said Dilip Kumar called

          his friend, namely, Bauna @ Suresh Giri and he came there to

          receive her and took her in a toto rickshaw from Samastipur

          Railway Station to Babu Saheb Mutton House Hotel of

          Yashwant Singh. At the hotel, the co-accused Dilip Kumar told

          her to indulge in immoral trafficking and on 23.03.2026 at about

          3:30 hours, four persons, including the petitioner came there by

          giving reference of said Dilip Kumar and committed rape on her

          and thereafter, all the accused persons, including the petitioner

          took her to another hotel in a Scorpio vehicle. They again

          committed rape on her and thereafter, they left her and fled

          away. The informant called Dilip Kumar, who came and took

          her to Hotel Yashwant. She was offered money by Dilip Kumar

          and after that she was dropped to Samastipur Railway Station by

          the said Dilip Kumar and his friend Bauna.

                          4. The learned counsel for the petitioner submits

          that the petitioner is innocent and has no committed any offence.

          The name of the petitioner transpired in this case on the

          confessional statement made by the co-accused Dilip Kumar.

          The petitioner has been falsely implicated in this case by Dilip

          Kumar, due to previous enmity. The informant on her own came

          from Kolkata to Samastipur and the petitioner is not involved in
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          any immoral traffic act. The allegation of rape against the

          petitioner is a concocted story. He further submits that the

          petitioner is an accused in four other cases, however, the same

          are of different nature.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail and submits that the petitioner

          committed rape upon the informant and then, took her to another

          place and there also committed rape with some others. The

          petitioner along with others fled away, leaving her at the same

          place. The petitioner has got four criminal antecedents and if he

          will be released on bail, he will indulge in illegal activities.

                         6. Having heard the rival submission and after going

          through the records, it appears that the petitioner along with

          three others committed rape upon the informant and he has been

          named as an accused by the informant. The submission of the

          learned counsel for the petitioner as stated in paragraph no. 7 of

          the anticipatory bail petition, to the effect that the name of the

          petitioner transpired on the confessional statement of co-accused

          Dilip Kumar is entirely incorrect, since in the First Information

          Report itself, the informant has named the petitioner. The

          petitioner is an accused in four other cases. Considering the fact

          that the petitioner committed rape upon the informant, this Court
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                     is not inclined to grant the privilege of anticipatory bail to the

                     petitioner. Accordingly, the prayer for grant of anticipatory bail

                     petition of the petitioner is rejected.



                                                 (Ritesh Kumar, J)
Ajay/Rakesh/-

U      T