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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was denied.

Summary

The petitioner, Gautam Kumar, was charged under Sections 64, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act for allegedly raping his 13‑year‑old step‑daughter. He applied for bail, claiming innocence, stating that the informant’s recorded deposition indicated no rape and no injury to the victim. The State opposed, relying on the victim’s statement recorded under Section 183 of the BNSS and a medical examination conducted shortly after the alleged incident. The court considered the seriousness of the offence, the relationship between the parties, and the lack of material supporting the petitioner’s claim. It rejected the bail application and directed the trial court to expedite the trial under the POCSO Act.

Issues considered

  • Whether bail should be granted to an accused in a POCSO case involving alleged rape of a minor.
  • Whether the absence of physical injury and the informant’s deposition affect the grant of bail.
  • Whether the victim’s statement recorded under Section 183 of the BNSS suffices to deny bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • rape
  • minor
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • sexual offences
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18663 of 2026
                      Arising Out of PS. Case No.-33 Year-2025 Thana- MAHILA PS District- Khagaria
                 ======================================================
                 Gautam Kumar S/O Ramayan Singh Resident of Village - Amni, P.S.- Mansi,
                 District- Khagaria

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/O XXX R/O Vill.- S.D.O Road,Vishwanathganj,Ward no- 14, P.S-
                 Khagaria, Dist- Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Though notice has been served upon the

                   informant/opposite party no. 2, there is no representation on her

                   behalf.

                                3. In the present case, the petitioner seeks bail in

                   connection with POCSO Special Case No. 89 of 2025 arising

                   out of Khagaria Mahila P.S. Case No. 33 of 2025 registered for

                   the alleged offences under Sections 64, 351(2) and (3) of

                   Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO

                   Act.

                                4. As per prosecution case, petitioner is the second
Patna High Court CR. MISC. No.18663 of 2026(6) dt.24-06-2026
                                            2/3




          husband of the informant and allegation against petitioner is that

          he committed rape with 13 years old daughter of the informant

          from her previous marriage.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The prosecution story is not believable. There is no

          material to support the prosecution case. The informant has

          recorded her deposition and in her deposition, she stated that

          some altercation and scuffle took place between her daughter

          and the petitioner and in anger, she lodged this case. She also

          stated that no rape was committed with her daughter and there

          was no injury on her private part. Learned counsel further

          submits that the petitioner is having clean antecedent and is in

          custody since 09.08.2025. Charge-sheet has been submitted.

                       6. Learned APP for the State vehemently opposes the

          the submission made on behalf of the petitioner. Learned APP

          submits that for reasons best known to her, the informant might

          have resiled from her statement but the victim girl in her

          statement recorded under Section 183 of BNSS, fully supported

          the prosecution case. Further, the occurrence took place on

          01.08.2025 and her medical examination was done on

          09.08.2025. Therefore, absence of injury is normal.
           Patna High Court CR. MISC. No.18663 of 2026(6) dt.24-06-2026
                                                       3/3




                                  7. Having regard to the facts and circumstances and

                     seriousness of allegation and also considering the nature of

                     allegation in the backdrop of relationship of the parties, I am not

                     inclined to enlarge the petitioner on bail. Hence, the prayer for

                     bail of the petitioner is rejected.

                                  8. Learned trial court is directed to expedite the trial

                     and conclude the same at the earliest considering the mandate of

                     the POCSO Act.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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