Patna High Court
Niranjan Kumar @ VickyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail could not be granted as the victim’s statement supports the prosecution and no fresh ground for bail exists.
Summary
The Patna High Court considered the regular bail petition of Niranjan Kumar (Vicky), who is in judicial custody for alleged rape of a minor under IPC Section 376, POCSO Act Sections 4 and 6, and the SC/ST Act Section 3(2)(v). The petitioner, having no prior criminal record, argued that the victim had supported his defence during investigation, but the prosecution presented a victim statement under CrPC Section 164 and medical evidence that corroborated the charge. The trial court had examined only two of six prosecution witnesses, and the State opposed bail. The High Court found no fresh ground for bail, noting that the victim’s statement now backs the prosecution, and therefore rejected the bail application, permitting a fresh petition after six months. The court also directed the trial court to expedite the trial in accordance with Section 35 of the POCSO Act.
Issues considered
- Whether regular bail can be granted to an accused of rape of a minor when the victim's statement supports the prosecution.
- Whether any fresh ground exists to revisit a previously rejected bail application.
- Whether the trial must be concluded expeditiously under Section 35 of the POCSO Act.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences (POCSO) Act — s. 35, 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- rape
- minor
- POCSO Act
- SC/ST Act
- criminal procedure
- victim testimony
- speedy trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19067 of 2026
Arising Out of PS. Case No.-736 Year-2023 Thana- BELAGANJ District- Gaya
======================================================
Niranjan Kumar @ Vicky, S/o- Mahesh Mistri, Resident of Village- Naugadh
Samastipur, P.S.- Belaganj, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o- Y R/v- Pluhar, PO- Jalalpur, PS- Tekari, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjawal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Belaganj P.S. Case No. 736 of 2023 registered for
the offence punishable under Sections 376 of the I.P.C., Sections
4/6 of POCSO Act and Section 3(2)(v) of SC/ST Act.
3. Learned counsel for the petitioner has submitted that
earlier the bail petition of this petitioner was rejected by this Court
vide order dated 16.01.2025 passed in Cr. Misc. No. 51423 of
2024. Petitioner has got no criminal antecedent and he is
languishing in judicial custody since 17.11.2024. It has further
been submitted that during course of investigation, the victim has
been examined and she has supported the version of defence.
4. The case of the prosecution, in short, is that the
Patna High Court CR. MISC. No.19067 of 2026(3) dt.17-04-2026
2/2
petitioner has committed rape with a minor girl and during course
of investigation, the victim has supported the case in her statement
recorded under Section 164 of the Cr.P.C. and the same was also
supported by medical examination.
5. A report regarding stage of trial was also called for
from the learned trial Court. According of which, altogether two
witnesses have been examined out of six prosecution witnesses.
6. Learned APP appearing for the state has vehemently
opposed the prayer of regular bail.
7. Having heard the learned counsel for the parties and
considering the fact that there is no fresh ground for considering
the bail of this petitioner as from the deposition of the victim, it is
clear that she has supported the case of the prosecution, this court
is not inclined to enlarge the petitioner on bail at this stage and, as
such, his prayer for bail stands again rejected.
8. However, petitioner may renew his prayer for bail
after six months.
9. Learned trial Court is directed to conclude the trial in
view of Section 35 of the POCSO Act.
(Ashok Kumar Pandey, J)
lata/-
U T
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