Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties of equal amount.
Summary
The petitioner, Rakesh Kumar, applied for bail in a case registered under Sections 376 and 504 of the IPC, Sections 6 and 8 of the POCSO Act, and Section 67 of the IT Act. The prosecution alleges that he committed rape, while the petitioner contends he is innocent, asserting that he is married to the victim. The petitioner has been in custody since 4 January 2026. The court, after hearing counsel, noted the claim of marriage but refrained from commenting on the merits of the case. It allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The order is limited to the bail matter and does not prejudice any future trial proceedings.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape, criminal intimidation, and offences under the POCSO and IT Acts.
Legislation cited
- Indian Penal Code — s. 376, 504
- Information Technology Act — s. 67
- Protection of Children from Sexual Offences Act — s. 6, 8
Subjects
- bail
- rape
- criminal intimidation
- POCSO Act
- IT Act
- marriage as factor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12252 of 2026
Arising Out of PS. Case No.-521 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Rakesh Kumar S/o- Sheetal Mahto @ Shital Mahto R/Village- Madhopur
Didhruaa, Ward no- 3 PS-Tajpur Dist- Samastipur Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Anita Devi W/o Meghnath Pandit vill Jethui P S Industrial Area Hazipur dist
vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr.Binod Kumar
For the Informant : Mr. Aryan Sinha
Mr. Chandra Mohan.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 521 of 2024 registered for the offence
under Sections 376, 504 of the Indian Penal Code and under
Section 6 and 8 of the POCSO Act along with Section 67 of the
I.T. Act.
3. As per the prosecution case, the petitioner is
accused of committing rape with the victim.
4. The petitioner is in custody since 04.01.2026 and
it has been submitted by the learned counsel for the petitioner
Patna High Court CR. MISC. No.12252 of 2026(3) dt.27-04-2026
2/2
that the petitioner is innocent and from the statement of the
victim girl, it appears that the petitioner and the victim have got
married.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Samastipur Muffasil P.S. Case No. 521 of 2024.
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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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