Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail, holding that the seriousness of the allegations and the victim’s evidence warrant continued custody.
Summary
Prem Kumar was arrested on 11 January 2026 in connection with a rape allegation involving a minor who later became pregnant. The FIR, dated 19 November 2025, charges him under Section 87 and Section 64 of the B.N.S., 2023 as well as Sections 4 and 6 of the POCSO Act. The petitioner’s counsel argued that he has a clean record and is falsely implicated, while the State presented the victim’s statement recorded under Section 164 of the Cr.P.C. and a medical report confirming a seven‑month pregnancy. The court examined the seriousness of the allegations, the victim’s corroborative evidence, and the risk of tampering with evidence. Concluding that the allegations are specific and direct, the court refused the bail application, keeping the petitioner in custody.
Issues considered
- Whether bail should be granted to the accused in a case of alleged rape of a minor under the B.N.S., 2023 and the POCSO Act.
Legislation cited
- B.N.S., 2023 — s. 64, 87
- B.N.S.S. — s. 183
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- rape
- minor
- POCSO
- Section 87 B.N.S.
- Section 64 B.N.S.
- Section 4 POCSO
- Section 6 POCSO
- Criminal Procedure Code
- pregnancy
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16591 of 2026
Arising Out of PS. Case No.-831 Year-2025 Thana- AMARPUR District- Banka
======================================================
Prem Kumar Son of Mahendra Mandal @ Mahendra Kapri R/o Village -
Uchchdiha, P.S. - Dhoraiya, District - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Z R/o Village - Pawai, P.S. - Amarpur, Dist. - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Brij Nandan Prasad, Advocate
For the State : Mr. Aditya Narayan Singh-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Brij Nandan Prasad, learned counsel for the
petitioner, and Mr. Aditya Narayan Singh-1, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
11.01.2026, in connection with Amarpur P.S. Case No. 831 of
2025, F.I.R. dated 19.11.2025 registered for the offences
punishable under Section 87 of the B.N.S., 2023 and later on
Chargesheet has been submitted against the petitioner under
Sections 64 of B.N.S., 2023 and Section 4 and 6 of the POCSO
Act.
3. Allegation against the petitioner is that he has
committed rape upon the informant’s minor daughter due to which
she got pregnant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16591 of 2026(2) dt.16-03-2026
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petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the victim was recovered and her statement was
recorded under Section 164 of the Cr. P.C./183 of the B.N.S.S. in
which she has fully supported the case of the prosecution and as
per medical report which was recorded in paragraph-19 of the case
diary that the victim is seven months pregnant which suggests that
the victim has been sexually assaulted by the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and there is specific and direct allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Amarpur P.S. Case No. 831 of 2025 pending in
the Court of learned Additional Sessions Judge-6-cum-Special
Judge, POCSO, Banka.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
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