Patna High Court
Amkesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Amkesh Kumar, a coaching teacher, applied for bail in a Special POCSO case alleging rape of a minor. The prosecution alleges that he committed offences under Sections 65(1) and 351(2) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The petitioner has been in custody since 29 June 2025. The Court, noting the seriousness of the allegations involving a minor, declined to grant bail. The bail application was dismissed, with the Court clarifying that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged rape of a minor under Sections 65(1) and 351(2) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 351(2), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- POCSO
- sexual offences
- minor
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21548 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- Mahila District- Arwal
======================================================
Amkesh Kumar Son of Late Punyadeo Prasad Resident of Village - Nighwan,
Poilce Station - Manikpur, District - Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Xxxxxx Daughter of YYYY Village - Gangapur, Police Station - Kurtha,
District - Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Special POCSO P.S. Case No. 50 of 2025 arising out of Arwal
(Mahila) P.S. Case No. 15 of 2025 registered for the offence
under Sections 65(1) and 351(2) of the BNS, 2023 and under
Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner, who
was coaching teacher, is said to have committed rape with the
minor victim.
4. The petitioner is in custody since 29.06.2025.
5. Considering the serious allegations levelled
Patna High Court CR. MISC. No.21548 of 2026(2) dt.06-04-2026
2/2
against the petitioner, this Court is not inclined to grant bail to
the petitioner.
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…