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2026 Supreme(Online)(Pat) 3397

PATNA HIGH COURT
PARTHA SARTHY, J
Gudiya Devi W/o- Jitendra Prasad R/v- Pachpakariya Kala Dumra Tulsi Siwan Ps- Tarwara Dist- Siwan – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Nafisu Zzoha
For the Respondents: Mr. Amitesh Kumar, Mr. Manoj Kumar Singh, Mr. Ankit Kumar Singh, Mr. Prabhat Kumar, Mr. Sanjay Kumar Singh, Mr. Rana Vikram Singh

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Bhimnagar P.S. Case no. 53 of 2025 registered under sections 140(3), 143, 144 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 6 and 12 of the POCSO Act .

3. As per the prosecution case, the petitioners are said to have kidnapped the minor girl for the purpose of working in an orchestra. There is further allegation of the petitioner no. 3 having committed rape on her.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No such occurrence as alleged, specially against petitioner no. 3, has taken place. The petitioners have no criminal antecedent and are in custody since 13.7.2025. Chargesheet has been submitted in the case. It is further submitted that co-accused Mithlesh Kumar Premchandra Bhagat has been enlarged on bail vide order dated 22.12.2025 passed in Cr. Misc. no. 65877 of 2025.

5. The application for bail is opposed by learned counsel appearing for the opposite party no. 2. It is submitted that there is dir

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