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2026 Supreme(Online)(Pat) 3701

PATNA HIGH COURT
Prabhat Kumar Singh, J
Adarsh Kumar Thakur @ Adarsh Raj – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1112 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Yugal Kishore
For the Respondents: Mr. Pawan Kumar Chaurasia

A denial of anticipatory bail due to serious accusations including kidnapping and rape directed at the petitioners.

Headnote:This judgment involves the examination of Sections 366, 366A, 367, 120B, 347, 342, 506, 504 and 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act. The petitioners are accused of kidnapping and committing rape on the minor daughter of the informant. The court found the specific and direct nature of the accusations against the petitioners to be of grave concern, which led to the decision that anticipatory bail should be denied. The main issues include the validity of the anticipatory bail request and the strength of the accusations against the petitioners.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 366 , 366A, 367, 120B, 347, 342, 506, 504 and 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act .

3. As per prosecution case, it is alleged that on refusal to withdraw Paroo P.S. Case No. 334 of 2021, which was lodged by wife of the informant against family members of these petitioners, all the F.I.R. named accused persons, including these petitioners, threatened the informant to kidnap his minor daughter and thereafter, on the alleged date and time of occurrence, these two petitioners took away minor daughter of informant to Patna where they allegedly committed rape upon her.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case due to old enmity. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they kidnapped the minor daughter of informant and committed rape. The victim, in her statement recorded under Section 164 of the Cr.P.C., has supported the prosecution case.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioners is rejected.

(Prabhat Kumar Singh, J)

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