Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the allegation of rape of a minor and the lack of any fresh ground did not justify release.
Summary
The petitioner, Rahul Kumar, was charged under sections 75 and 78 of the Bihar Narcotic Substances Act, 2023 and sections 8 and 12 of the POCSO Act for alleged rape of a minor girl. He applied for regular bail, arguing that the victim was a major based on her Aadhaar card and that the allegations were false. The trial court had earlier rejected his bail application, and the petitioner sought a second bail order. During cross‑examination, the victim corroborated the rape allegation. The High Court found no fresh ground for bail, noting the seriousness of the offence involving a minor, and dismissed the bail application.
Issues considered
- Whether bail can be granted to an accused of rape of a minor under the B.N.S., 2023 and the POCSO Act.
- Whether the victim's age proof and alleged consensual relationship constitute a ground for bail.
- Whether the absence of fresh material facts warrants a revision of the earlier bail denial.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 75, 78
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- rape
- minor
- POCSO Act
- B.N.S. 2023
- criminal procedure
- victim testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10793 of 2026
Arising Out of PS. Case No.-235 Year-2024 Thana- BARHIYA District- Lakhisarai
======================================================
Rahul Kumar Son Sanjay Thakur R/o - Paharpur(Dariyapur), P.S - Barahia,
District - Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/o ABC R/o Village - Paharpur, P.S. - Barahia, Dist. - Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P. N. Shahi, Sr. Advocate
Mr.Arun Kumar, Advocate
For the State : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Barahiya P.S. Case
No. 235 of 2024 registered for the offence under sections 75 and
78 of the B.N.S., 2023 and under sections 8/12 of the POCSO
Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.07.2025 passed in Cr. Misc.
No. 19427 of 2025, which reads as under:
“Heard learned counsel for the
petitioner, learned APP for the State and learned
counsel for the informant.
2. The petitioner seeks regular bail in
connection with Barahiya P.S. Case No.235 of
Patna High Court CR. MISC. No.10793 of 2026(2) dt.16-02-2026
2/2
2024 registered for the offence under sections 75
and 78 of the B.N.S., 2023 and under sections
8/12 of the POCSO Act.
3. The petitioner is accused of
committing rape with a minor girl. He is in
custody since 14.12.2024.
4. Learned counsel for the petitioner
submits that the victim is major and in support of
this submission, he has drawn the attention of
this Court to the Aadhar Card of the victim. He
further submits that the boy and the girl were in a
relationship and the petitioner has been falsely
implicated in this case.
5. Learned counsel for the informant
has opposed the prayer of the petitioner for grant
of bail.
6. Since the allegation is of committing
rape with a minor girl, I am not inclined to grant
bail to the petitioner. Accordingly, this bail
application is rejected with liberty to the
petitioner to renew his prayer for bail in the trial
court after the deposition of the victim is
recorded.”
4. In the partial cross-examination, the victim has
supported the allegation against the petitioner.
5. Considering the nature of allegation and the fact
that no fresh ground for grant of bail is made out, I am not
inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U
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