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Patna High Court

Kundan Kumar @ Kundan Kumar DasversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the seriousness of the allegations and the victim’s status as a minor warrant continued detention.

Summary

The petitioner, Kundan Kumar, was arrested on 6 December 2024 in connection with a case alleging that he, under the false pretext of marriage, had sexual relations with a minor girl, the informant's daughter, who was 15 years old at the time and later found to be pregnant. The FIR charges him under Sections 126(2), 115(2), 351(2), 352, 64 and 3(5) of the Bihar (BNS) Act, 2023, and the victim’s statement was recorded under Section 183 of the same Act. The petitioner pleaded for bail, claiming a clean antecedent and that the allegations were fabricated, while the prosecution and the informant opposed bail, emphasizing the seriousness of the offence, the victim’s minority, and medical evidence of pregnancy. The High Court, after considering the nature of the allegations and the supporting evidence, refused the bail application, directing the trial court to expedite the trial. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged sexual intercourse with a minor under the BNS Act, 2023.
  • Whether the seriousness of the offence, the victim’s minority, and medical evidence justify denial of bail.

Subjects

  • bail
  • sexual assault
  • minor
  • POCSO
  • false pretext of marriage
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11804 of 2026
                        Arising Out of PS. Case No.-392 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Kundan Kumar @ Kundan Kumar Das Son of Sargun Das R/o Village -
                 Mohana, Police Station - Rajoun, District - Banka.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX Son of YYY R/o Village - Mohana, Police Station - Rajoun, District -
                 Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 For the Informant        :       Mr. Dhirendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                    Heard Mr. Ajay Mukherjee, learned counsel for the

                   petitioner, Mr. Dhirendra Kumar, learned counsel for the

                   informant and Mr. Tarun Prasad Mandal, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.12.2024 in connection with Rajoun P.S. Case No. 392 of

                   2024, F.I.R. dated 19.08.2024 for the offences punishable under

                   Sections 126(2), 115(2), 351(2), 352, 64 and 3(5) of the BNS,

                   2023.

                               3. According to prosecution case, this petitioner on the

                   false pretext of marriage made physical relation with the

                   informant's daughter and when the informant went to this
Patna High Court CR. MISC. No.11804 of 2026(3) dt.30-04-2026
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          petitioner's house to complaint about the said incident, then

          father and brother of the petitioner abused and assaulted him

          and threatened him for dire consequences.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner and submits that the statement of

          the victim was recorded under Section 183 of the BNSS, 2023

          in which she has stated that on the pretext of marriage this

          petitioner has made physical relation with her. Apart from that

          the date of birth of the victim is 15.03.2009 which suggest that

          she was minor at the time of occurrence and it has also come

          during investigation that at the time of medical examination, she

          was pregnant.

                       6. Considering the nature of allegation as alleged in

          the FIR supported by the victim as well as the medical evidence,

          I am not inclined to enlarge the petitioner on bail in connection

          with Rajoun P.S. Case No. 392 of 2024 pending in the court of
            Patna High Court CR. MISC. No.11804 of 2026(3) dt.30-04-2026
                                                        3/3




                      learned Additional Sessions Judge-VI-cum-Special Judge

                      POCSO, Banka.

                                   7. Prayer is refused.

                                   8. However, learned Trial Court is directed to expedite

                      and conclude the trial at the earliest.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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