Patna High Court
Kuldeep KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 70(2)
- BNSS, 2023 — s. 183
- POCSO Act — s. 4, 6
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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