Patna High Court
Lalitesh Kumar @ Laliteshwar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Lalitesh Kumar, sought anticipatory bail after being named in an FIR alleging that he, along with others, had illicitly sexual relations with the minor daughter of an informant, caused her pregnancy, forced an abortion and subsequently caused her death. The prosecution charged him under multiple sections of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The petitioner claimed innocence, alleging the case was fabricated due to village politics and highlighted his clean record. The State and the informant opposed the bail, emphasizing the specific and grave nature of the accusations. After considering the seriousness of the alleged offences, the court rejected the petitioner's prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the serious allegations under the B.N.S. and POCSO Act
- Whether the nature of the accusations warrants denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 351(2), 351(3), 352, 61(2), 89, 90
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- POCSO Act
- sexual offences
- minor
- forced abortion
- bail jurisprudence
- political vendetta
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72262 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Lalitesh Kumar @ Laliteshwar Kumar S/o- Jitendra Sahni R/v- Bistha Ps-
Aurai Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sitaram Sahni S/o- Late Mahindra Sahni R/v- Bistha Ps- Aurai Dist-
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Alok Kumar Alok, Advocate
For the State : Mr. Narendra Kumar Singh, APP
For the Informant : Ms. Bela Singh, Advocate
Mr. Rajeev Ranjan, Advocate
Mr. Aashish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant/Opposite
Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 89, 90,
103(1), 61(2), 352, 351(2), 351(3) and 3(5) of the B.N.S. and
Sections 4 and 6 of the POCSO Act.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner, took
minor daughter of informant to their house and killed her. It is
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further alleged that prior to the incident, minor daughter of
informant was subjected to illicit intercourse by the F.I.R.
named accused persons, including this petitioner, as a result of
which, she became pregnant and after knowledge about the
pregnancy, all the accused persons got her aborted and caused
her death.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are co-
villagers and due to village politics, this false and concocted
case has been lodged. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that he, along with other F.I.R. named accused
persons, made illicit physical relations with minor daughter of
informant due to which, she became pregnant and thereafter, all
the accused persons got her forcibly aborted as a result of
which, she died.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
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offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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