CR. MISC./68241/2025 of nikhil Kumar @ Tabahi Kumar @ Chhotu Kumar Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68241 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- ALIPUR District- Gaya
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Nikhil Kumar @ Tabahi Kumar @ Chhotu Kumar S/o Late Rajesh Sharma
R/o Village- Sahwara, P.S.- Mau, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX D/o Tuntun Paswan R/o Village- Itohri, P.S.- Alipur, District- Gaya
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s: Mrs.Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 04-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on
behalf of the petitioner for the offences alleged under Sections
115(2), 126(2), 74, 70(2), 352, 351(3), 303(2) and 3(5) of the
BNS, registered in connection with Alipur P.S.Case No. 31 of
2025.
3. As per allegation, the petitioner facilitated co-
accused Rikit Kumar in committing rape on the informant,
while she was going to attend the call of nature.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. There is no allegation of rape against him, rather
the allegation is against co-accused Rikit Kumar. The
allegation against the petitioner is that he was having a pistol,
while co-accused was committing physical relation with the
victim. The learned counsel has submitted further that the
Patna High Court CR. MISC. No.68241 of 2025(5) dt.04-02-2026
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medical report shows that no mark of violence was present,
neither alive spermatozoa was found. The doctor failed to give
his opinion mentioning that comment on recent sexual
intercourse cannot be made, in absence of forensic report. The
petitioner is in custody for a period of 09 months.
5. Considering the above facts and circumstances of
the case, let the petitioner above named be released on bail on
furnishing bail bond of Rs. 10,000/-(ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, POCSO-cum-District and Additional
Sessions Judge-VII, Gaya in connection with Alipur P.S.Case
No. 31 of 2025, [subject to the following condition that the
petitioner shall cooperate in the disposal of trial and make
himself available on each and every date fixed in the court
below, and if he fails to appear on two consecutive dates,
unless he is prevented by extremely adverse circumstances,
the court below shall be at liberty to cancel his bail bond.
HR/-
(Nawneet Kumar Pandey, J)
U T