Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the seriousness of the alleged rape of a minor precludes the grant of regular bail.
Summary
Akshay Kumar was arrested in connection with a case registered at Araria Mahila Police Station for alleged rape of a minor, charged under Sections 64, 351(2), 351(3), 3(5) of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act. The petitioner applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The prosecution, represented by the Additional Public Prosecutor and the informant’s counsel, opposed the bail on the grounds of the seriousness of the offence and the victim’s corroborating statement. The Court examined the gravity of the alleged sexual offence against a minor and the statutory provisions governing bail in such cases. Concluding that the nature of the crime warranted denial of bail, the Court dismissed the bail application.
Issues considered
- Whether bail should be granted to an accused in a rape case involving a minor under the POCSO Act and related statutes
- Whether the alleged false implication and lack of prior criminal record justify bail
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 351(2), 351(3), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- rape
- minor
- POCSO Act
- criminal procedure
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22536 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S. District- Araria
======================================================
Akshay Kumar S/O Rajesh Bahardar R/O Village- Diyari, Ward No. 5, P.S.-
Araria, Dist.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/O YYY(Rinku Bahardar) R/O Village- Diyari, Ward No. 5, P.S.-
Araria, Distt.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
For the Informant : Mr. Tej Pratap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Araria
Mahila P.S. Case No. 24 of 2025 registered for the offence
under Section 64, 351(2), 351(3), 3(5) of the BNS and under
Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing rape with the minor victim girl and the
victim girl has also supported the allegations in her statement
given before the Magistrate.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.22536 of 2026(2) dt.30-04-2026
2/2
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 09.03.2026. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned APP for the State as well as learned
counsel for the informant have jointly opposed the prayer for
regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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