Patna High Court
Suraj Kumar @ Golu Kumar @ Suraj SurajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release on a bail bond with sureties.
Summary
The petitioner, Suraj Kumar, was charged with offences including attempted rape of a minor, assault, and illegal possession of arms under Sections 329(4), 74, 75, 76, 352, 351(2) of the BNS, Sections 8 and 12 of the POCSO Act, and Section 27 of the Arms Act. The prosecution alleged that he entered the informant's house at night and attempted to rape the informant's minor daughter, fleeing when the family awoke. The petitioner contended that the victim’s statement only indicated an attempt to touch her inappropriately, that he has no prior criminal record, and that he has been in custody since 29‑10‑2025. The informant opposed bail, emphasizing the seriousness of the POCSO charge. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special POCSO Judge.
Issues considered
- Whether regular bail can be granted in a case involving alleged attempted rape of a minor under the POCSO Act and other serious offences.
- Whether the petitioner’s lack of prior criminal antecedent and the nature of the alleged conduct justify bail.
Legislation cited
Subjects
- bail
- POCSO
- attempted rape
- minor
- regular bail
- high court
- criminal antecedent
- arms act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12954 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- MAHKAR District- Gaya
======================================================
Suraj Kumar @ Golu Kumar @ Suraj Suraj Son of Anil Chaudhary R/o
Village - Bihta, P.S. - Mahkar, Dist. - Gaya Jee.
... ... Petitioner/s
Versus
1. The State of Bihar
2. xxxx C/o Guddu Das R/o Village - Bihta, P.S. - Mahkar, Dist. - Gaya Jee.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
Mr. Sanjeev Kumar, Advocate
Mr. Bidhib Rajkar, Advocate
For the State : Mr. Rajiv Nayan, APP
For the Informant : Mr. Mazharul Hassan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 329(4), 74,
75, 76, 352, 351(2) of the BNS, under Sections 8 & 12 of the
POCSO Act and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner has entered in the house of the informant in night and
has attempted to commit rape with the minor daughter of the
informant. It is further alleged that when the family members
awoke, the petitioner fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.12954 of 2026(3) dt.09-04-2026
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from perusal of Annexure-A-2 it will transpire that a case has
been filed against the informant and her husband regarding
occurrence of 12.08.2025. It has further been submitted that
during course of investigation the victim has given her
statement under Section 183 of the BNSS wherein she has stated
that on the date of occurrence the petitioner entered in the
house; attempted to hold her; she awoke her family members
and after that the petitioner fled away. The victim has further
stated that the petitioner used to tease her whenever she goes to
school and has further stated that he attempted to touch her
inappropriately. Learned counsel for the petitioner has submitted
that the as per the statement of the victim, the petitioner had
attempted to touch her inappropriately only. Learned counsel for
the petitioner has further submitted that the petitioner is having
no criminal antecedent and he is in judicial custody since
29.10.2025.
5. Learned counsel for the Informant has vehemently
opposed the bail application of the petitioner and has submitted
that this is a case under POCSO Act.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.12954 of 2026(3) dt.09-04-2026
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petitioner is directed to be released on bail in connection with
Mahkar P.S. Case No. 203 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
POCSO-cum-Additional Sessions Judge-VII, Gaya Ji.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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