Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was denied.
Summary
Kundan Kumar was arrested on 27 September 2022 in connection with a POCSO case involving alleged rape, assault, intimidation and attempts to poison the victim, as alleged in FIR dated 25 November 2019. The petitioner sought bail, arguing that the trial was still pending, while the State highlighted the victim's statement under Section 164 CrPC, medical evidence of pregnancy, and the seriousness of the offences under Sections 323, 376, 504, 506 of the IPC and Sections 4 and 6 of the POCSO Act. The High Court noted the gravity of the allegations, the corroborative medical evidence, and the ongoing trial, and consequently refused the bail application. The court also directed the trial court to expedite the proceedings. The bail petition was thus dismissed.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged rape, assault, and attempted poisoning, given the seriousness of the offences and the evidence on record.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 323, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- POCSO
- rape
- sexual assault
- criminal procedure
- victim testimony
- medical evidence
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2054 of 2026
Arising Out of PS. Case No.-100 Year-2019 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Kundan Kumar S/o Anup Mahto Resident of Village- Deoghara Chandra Tola,
P.O.- Amarpur, P.S.- Mednichowki, District- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sita Kumari (Fictitious name) D/o Dasrath Mahto (Fictitious name) Resident
of Village- Basgarha, P.S.- Mednichowki, District- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 19-06-2026 Heard Ms. Priyanka Singh, learned counsel for the
petitioner and Mr. Pranav Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
27.09.2022 in connection with POCSO No. 18 of 2023 arising
out of Mednichowki P.S. Case No. 100 of 2019, F.I.R. dated
25.11.2019 registered for the offence punishable under Sections
323, 376, 504, 506 of the Indian Penal Code and 4/6 of the
POCSO Act.
3. Earlier the prayer for bail of the petitioner was
twice rejected vide orders dated 11.07.2023 and order dated
17.05.2024 passed in Criminal Miscellaneous Nos. 4323 of
2023 and 24007 of 2024 respectively.
Patna High Court CR. MISC. No.2054 of 2026(6) dt.19-06-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner submits that the petitioner is in
custody since 27.09.2022 and trial has not been concluded as
yet.
5. Learned APP for the State, on the other hand, on
the basis of the material available on the record and the case
diary, has vehemently opposed the prayer for bail of the
petitioner and submits that the victim was examined under
Section 164 Cr.P.C. in which she has categorically stated that
the petitioner has committed rape upon her and her medical
evidence suggest that at the time of medical examination, the
victim was pregnant, apart from that, the petitioner also tried to
administer poison to the victim and report of the learned Trial
Court reveals that the trial is going on.
6. Considering the nature of allegation as alleged in
the FIR supported by the victim as medical evidence, I am not
inclined to enlarge the petitioner on bail in connection with
POCSO No. 18 of 2023 arising out of Mednichowki P.S. Case
No. 100 of 2019 pending in the court of learned District &
Additional Sessions Judge Vi-cum-Special Judge POCSO Act,
Lakhisarai.
7. Prayer is refused.
Patna High Court CR. MISC. No.2054 of 2026(6) dt.19-06-2026
3/3
8. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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