Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as there was no allegation of rape against him.
Summary
Suraj Kumar was arrested in connection with a POCSO case where a minor was allegedly kidnapped and raped by Bhola Kumar. The prosecution alleges that Suraj Kumar was instructed by Bhola Kumar to take the girl to the police station, but there is no direct allegation of rape against Suraj. The petitioner, claiming innocence and a clean record, applied for regular bail. The State opposed the bail, but the court noted the lack of a rape allegation against the petitioner and allowed the bail application. The court ordered bail on a bond of Rs.10,000 with two sureties, emphasizing that the observations are prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail can be granted to the petitioner under the POCSO Act when no direct rape allegation is made against him
- Whether the provisions of the Bihar Narcotic Substances Act and the SC & ST Act are relevant to the bail decision
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(4), 3(5), 65(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V)
Subjects
- bail
- POCSO
- minor protection
- false implication
- criminal procedure
- Indian Penal Code
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21105 of 2026
Arising Out of PS. Case No.-640 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Suraj Kumar S/o Rupan Thakur @ Shivkumar Thakur @ Shivkumar Sharma
Resident of Village -Daulatpur Milki, Post- Badarwali, P.S.- Chandi,
Badarwali, (Badarbali), District- Nalanda, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident of Village- Daulatpur Milki, P.S.- Chandi, District-
Nalanda (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mrs. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 18-05-2026 Heard learned counsel for the petitioner, learned
APP for the State and Mr. Aditya Kumar for opposite party no.2
2. The petitioner seeks regular bail in connection with
Chandi P.S. Case No. 640 of 2025 (POCSO Case No. 193 of
2025) registered under Sections 137(2), 140(4), 65(2), 3(5) of
the B.N.S., u/s 4/6 POCSO Act and section 3(2)(V) S.C. and
S.T. Act.
3. As per prosecution case, the allegation is that the
daughter of the information was kidnapped and she was raped
by Bhola Kumar. The allegation against the petitioner is that in
the morning Bhola Kumar called Suraj Kumar and made him
take the girl to police station.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner has clean antecedent and he is in
custody since 30.12.2025.
Patna High Court CR. MISC. No.21105 of 2026(4) dt.18-05-2026
2/2
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering that there is no allegation of rape
against the petitioner and thrust of allegation is against Bhola
Kumar, this application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court of Special Judge POCSO II,
Biharsharif, Nalanda/concerned court below in connection with
Chandi P.S. Case No. 640 of 2025 (POCSO Case No.
193/2025).
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/- Nitesh
U T
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