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Patna High Court

Chhotu Kumar @ Chhotu YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that pre‑arrest bail must be denied where the offences are grave, involving kidnapping and gang‑rape of a minor, and the victim’s statement under Section 164 CrPC supports the prosecution.

Summary

The petitioner, Chhotu Kumar, filed a pre‑arrest bail application in a case alleging kidnapping and gang‑rape of a minor under Sections 376D/34 of the IPC and Sections 5 and 6 of the POCSO Act. The prosecution alleged that the petitioner, together with co‑accused, abducted the victim, took her to a forest and raped her, and the victim’s statement under Section 164 of the CrPC corroborated the charge. The court examined the seriousness of the offences, the gravity of the allegations, and the victim’s recorded statement. Considering the nature of the crime and the risk of tampering with evidence, the court found no sufficient ground to grant bail before arrest. Consequently, the petition for pre‑arrest bail was rejected, and the petitioner remains liable for arrest.

Issues considered

  • What is the appropriate standard for granting pre‑arrest bail in cases involving kidnapping and gang‑rape of a minor under the IPC and POCSO Act?
  • Does the victim’s statement under Section 164 CrPC create a sufficient ground to deny pre‑arrest bail?

Legislation cited

Subjects

  • pre‑arrest bail
  • sexual offences
  • kidnapping
  • gang‑rape
  • IPC
  • POCSO
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27054 of 2026
                   Arising Out of PS. Case No.-377 Year-2023 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Chhotu Kumar @ Chhotu Yadav Son of Sanjiv Kumar @ Sanjeev Yadav
                 Resident of Village- Rajni, ward no. 06, Post- Rajni, P.S.- Murliganj, District-
                 Madhepura

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Wife of YYY Resident of Rajni, Ward No. 06, P.S.- Murliganj, Distt.-
                 Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 376D/34 of the Indian

                   Penal Code and Section 5/6 of the Protection of Children from

                   Sexual Offences Act.

                                3. As per the prosecution case, this petitioner, along

                   with other co-accused persons, kidnapped the daughter of

                   informant, took her into the forest, and gang-raped her. The

                   victim, in her statement recorded under Section 164 Cr.P.C., has

                   supported the prosecution case and stated that this petitioner and

                   co-accused Sundar raped her.

                                4. Considering the nature of accusation, gravity of
              Patna High Court CR. MISC. No.27054 of 2026(2) dt.11-05-2026
                                                          2/2




                        offence and statement of the victim recorded under Section 164

                        Cr.P.C., prayer for pre-arrest bail of the petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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