Raja KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81037 of 2025
                       Arising Out of PS. Case No.-129 Year-2024 Thana- ALOULI District- Khagaria
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                 Raja Kumar, S/o Late Prem Sagar Sada, R/o Village- Ratnaha, P.S.- Alauli,
                 District- Khagaria (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Seema Kumari, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Alauli P.S. Case No.129 of 2024 registered for the offence

                   punishable under Sections 363, 365, 323, 504, 506, 366, 376/34

                   of the Indian Penal Code.

                                3. The case of the prosecution is that the petitioner has

                   kidnapped the minor daughter of the informant.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is innocent and has committed no offence. He has

                   been falsely implicated in the present case. Learned counsel for the

                   petitioner has submitted that from perusal of Annexure-P/3 it will

                   transpire that the date of birth of the victim is 01.01.2005 as per

                   the certificate issued by the in-charge Principal, Ratnaha
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          Mushhari, Anchal-Alauli (Khagaria). The I.O. has also pasted this

          certificate in the case diary whereas during medical examination,

          the doctors have opined that the age of the victim is 16-17 years. A

          statement has been made in para-3 of the petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 14.06.2025.

                       5. Learned APP appearing for the state has opposed the

          prayer of regular bail and submitted that during course of

          investigation the victim was recovered and she has given her

          statement under Section 161 and 164 of the Cr.P.C. The victim in

          her statement under Section 164 of the Cr.P.C. has stated that the

          petitioner has taken her forcefully from her house. She was taken

          to Shahpur and from there to Mohamadpur. She lived there for

          three months. The victim has further stated that the petitioner has

          forcefully solemnized marriage with her and in her statement

          under Section 161 of the Cr.P.C. she has stated that the petitioner

          has established forceful physical relationship with her. From

          perusal of the medical examination report, it is clear that the

          victim is pregnant. There is direct allegation that the petitioner has

          established forceful physical relationship with a minor girl and due

          to which she is pregnant. For determination of age of a victim, the

          documents which are required are given in Section 94 of J.J. Act.

          The document on which the learned counsel for the petitioner has
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                       relied does not find place in the list of those documents. Though,

                       police has submitted charge-sheet under Sections 366, 376 and 34

                       of the I.P.C. but it is a clear cut case of Section 4 of POCSO Act as

                       well.

                                    6. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    7. However, petitioner may renew his prayer for bail

                       after six months if the trial is not concluded.

                                    8. Learned trial Court is directed to expedite the trial.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T