Created by Fuzzy Cloud

Patna High Court

Lalitesh Kumar @ Laliteshwar KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.72262 of 2025(3) dt.15-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.72262 of 2025(3) dt.15-01-2026
                                                         3/3




                       offence, the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.