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Patna High Court

Kamlesh Kumar @ Kamlesh MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the allegations and the petitioner’s status as an absconder preclude the grant of regular bail.

Summary

The petitioner, Kamlesh Kumar, was charged with kidnapping and murdering the minor daughter of an informant, with the case originally registered in 2015. The prosecution alleged offences under multiple sections of the Indian Penal Code, the SC/ST (Prevention of Atrocities) Act, and the POCSO Act. The petitioner had been in custody since 30 September 2025, and an earlier anticipatory bail application had been rejected in 2017, leading the court to deem him an absconder. The petitioner sought regular bail, arguing his right to liberty. Considering the gravity of the charges and his status as an alleged absconder, the court declined to grant bail and dismissed the application.

Issues considered

  • Whether regular bail can be granted to the petitioner in light of serious charges of kidnapping, murder, and offences under the SC/ST Act and POCSO Act.
  • Whether the petitioner’s alleged status as an absconder justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • murder
  • SC/ST Act
  • POCSO Act
  • absconder
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86058 of 2025
                 Arising Out of PS. Case No.-185 Year-2015 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 Kamlesh Kumar @ Kamlesh Mahto S/O Nageshwar Mahto R/o Vill.-
                 Sarvarpur, P.S - Tariyani, District - Sheohar

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Patna
           2.    xxxx W/O Batahu Ram R/o Vill.- Sarvarpur, P.S - Tariyani, District -
                 Sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar
                 For the Opposite Party/s :      Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   14-05-2026                   Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   POCSO Case No. 773 of 2017 arising out of Tariyani P.S. Case

                   No. 185 of 2015 registered for the offence under Sections

                   366(A), 34 of the Indian Penal Code and under Section 3(I)(XII)

                   of the SC/ST Act. Later on charge-sheet has been submitted

                   under Section 363, 364, 302, 376(D), 120B, 201 and 34 of the

                   Indian Penal Code, under Sections 3(i), (XII), 3(2)(v) of the

                   SC/ST Act and under Sections 4/6 of the POCSO Act.

                                3. As per the prosecution case, the allegation against

                   the petitioner is of kidnapping the minor daughter of the

                   informant and killing her.
          Patna High Court CR. MISC. No.86058 of 2025(6) dt.14-05-2026
                                                      2/2




                                 4. The petitioner is in custody since 30.09.2025.

                                 5. The Case is of the year 2015 and the anticipatory

                    bail application of the petitioner has been rejected in the year

                    2017 and after that he is behind bars since 30.09.2025 which

                    clearly shows that he is an absconder.

                                 6. In view of the serious allegations levelled against

                    the petitioner and considering the fact that he is an absconder,

                    this Court is not inclined to grant bail to the petitioner.

                                 7. Accordingly, this application is dismissed.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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