Patna High Court
Kundan Kumar @ Kandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Kundan Kumar, applied for bail in a case registered as Rupau P.S. Case No. 17 of 2024, where he is accused of gang raping the minor daughter of an informant. The charges include offences under Section 376(D) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleged that the petitioner and co‑accused committed the rape sequentially, and most witnesses had already been examined. The High Court, noting the gravity of the alleged crime and the fact that the petitioner had been in custody since 31‑03‑2024, declined to grant bail. The application was dismissed, with the court clarifying that its observations are limited to the bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to an accused of gang rape of a minor under IPC 376(D) and POCSO Act sections 4 and 6, considering the seriousness of the offence and the stage of investigation.
Legislation cited
- Indian Penal Code — s. 376(D)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- gang rape
- minor
- POCSO Act
- IPC 376(D)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10307 of 2025
Arising Out of PS. Case No.-17 Year-2024 Thana- RUPO District- Nawada
======================================================
Kundan Kumar @ Kandan Kumar S/O Rajendra Yadav Resident Of Village -
Jaila, P.S- Rupau, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Yadav S/O Late Bundi Yadav Resident Of Village - Jaila, P.S- Rupau,
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the State : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Rupau
P.S. Case No. 17 of 2024 registered for the offence punishable
under Sections 376(D) of the Indian Penal Code and Sections 4
and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner and the
co-accused persons are alleged to have committed rape on the
minor daughter of the informant one after another.
4. The petitioner is in custody since 31.03.2024.
5. Considering the fact that the petitioner is accused of
gang rape against the minor daughter of the informant and
Patna High Court CR. MISC. No.10307 of 2025(7) dt.06-04-2026
2/2
almost all the witnesses have been examined, I am not inclined
to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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