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Patna High Court

Kuldeep KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was refused as the court was not inclined to enlarge the petitioner on bail in view of the serious nature of the allegations and supporting medical evidence.

Summary

Petitioner Kuldeep Kumar, arrested on 20 July 2025, sought bail in a case involving alleged rape of a 15-16 year old girl under Section 70(2) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution presented the victim's recorded statement under Section 183 of the BNSS, 2023 and a medical report indicating a ruptured hymen, corroborating the allegation. The petitioner claimed a clean antecedent and asserted that the FIR was fabricated. The court examined the seriousness of the offence, the victim's age, and the medical evidence. Concluding that the nature of the accusation warranted continued custody, the court refused bail.

Issues considered

  • Whether bail should be granted to an accused charged with rape of a minor under the POCSO Act and Section 70(2) of the BNS, 2023.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • minor victim
  • medical evidence
  • court refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28680 of 2026
                   Arising Out of PS. Case No.-197 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Kuldeep Kumar S/o Paltan Mahto Resident of Village - Balahi, P.S - Waris
                 Nagar, District - Samastipur
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     XXXX D/o YYYY Resident of Village - Charu, Ward No. 11, P.S - Waris
                  Nagar, District - Samastipur
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Sr. Advocate
                                                  Mr. Raja Ram Mishra, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                    Heard Mr. Krishna Pd. Singh, learned senior counsel

                   for the petitioner and Mr. Nitya Nand Tiwary, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   20.07.2025 in connection with Waris Nagar P.S. Case No. 197

                   of 2025, F.I.R. dated 19.07.2025 for the offences punishable

                   under Section 70(2) of the BNS, 2023 and Sections 4 and 6 of

                   the POCSO Act.

                                3. According to prosecution case, this petitioner along

                   with one accused person committed rape upon the victim who is

                   about 15-16 years of age.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
            Patna High Court CR. MISC. No.28680 of 2026(2) dt.28-04-2026
                                                        2/2




                      implicated in the present case. The allegation as alleged in the

                      FIR is false and fabricated and the petitioner has not committed

                      any offence as alleged in the FIR.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the victim was recovered and her statement has

                      been recorded under Section 183 of the BNSS, 2023 in which

                      she has categorically stated that the petitioner has committed

                      rape upon her. Apart from that, the medical report of the victim

                      suggest that the victim was only about 15-16 years of age at the

                      time of occurrence and the said medical report also confirms the

                      recent sign of hymen being ruptured.

                                   6. Considering the nature of allegation as alleged in

                      the FIR supported by the medical evidence, I am not inclined to

                      enlarge the petitioner on bail in connection with Waris Nagar

                      P.S. Case No. 197 of 2025 pending in the court of learned

                      Special Judge (Rape and POCSO), Samastipur.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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