Patna High Court
Surendra Kumar @ Buddu Kumar @ Baddu KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused to grant bail to the petitioner.
Summary
Surendra Kumar was arrested on 7 March 2026 in connection with a POCSO case alleging rape of a minor. He applied for regular bail, claiming the FIR was fabricated. The State opposed, noting that his anticipatory bail had been denied and the Supreme Court dismissed his SLP, directing surrender. The victim, born on 1 January 2004, was a minor at the time of the alleged offence, and her statement was recorded under Section 183 of the Bhartiya Nayay Sanhita. Considering the seriousness of the offences, the prior denial of anticipatory bail, and the victim's minor status, the Court refused the bail application.
Issues considered
- Whether bail should be granted in a POCSO case involving alleged rape of a minor
- Whether the prior denial of anticipatory bail and Supreme Court direction preclude regular bail
- Whether the victim's minor status and recorded statement affect the bail decision
Legislation cited
- Bhartiya Nayay Sanhita — s. 183, 351(2), 356(2), 64(1), 77, 78, 79
- Information Technology Act — s. 66E
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- POCSO
- rape
- minor
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30765 of 2026
Arising Out of PS. Case No.-653 Year-2024 Thana- RAFIGANJ District- Aurangabad
======================================================
Surendra Kumar @ Buddu Kumar @ Baddu Kumar son of Gurudeo Sao @
Gurudev Saw Resident of Village- Birnawan, P.S. -Anti, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. XX Daughter of YY Resident of village- Dularchak, Ps- Goh, Dist-
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr.Sanjay Kumar Sharma, learned counsel for
the petitioner and Mr.Shantanu Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
07.03.2026 in connection with Rafiganj P.S. Case No. 653 of
2024 (POCSO G.R. No. 188/2024), F.I.R. dated 08.11.2024
registered for the offence punishable under Sections 77, 78, 79,
64(1), 356(2), 351(2) of Bhartiya Nayay Sanhita, Section-4 & 8
of POCSO Act and Section 66E of I.T. Act.
3. Allegation against the petitioner is that he
committed rape upon the victim.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.30765 of 2026(2) dt.06-05-2026
2/3
submits that 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 APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has approached this Court for grant of
anticipatory bail but the same was dismissed Vide order dated
16.09.2025 passed in Cr. Misc. No. 35528 of 2025. Thereafter
the petitioner has approached the Hon’ble Apex Court in S.L.P.
(Crl.) No(s). 21245 of 2025 and the same was dismissed with
direction to the petitioner to surrender before the learned Court
below within three weeks. Learned APP for the State further
submits that before filing of the present case the informant has
also filed Cyber P.S. Case No. 95 of 2024 against the petitioner.
Thereafter the petitioner has committed wrong with the
informant/victim, apart from that, the statement of the victim
was recorded under Section 183 of B.N.S.S., 2023, in which she
has fully supported the case of the prosecution, apart from also
that, the Date of Birth of the victim is 01.01.2004 which
suggests that on the date of occurrence, the victim was minor.
6. Considering the aforesaid facts, I am not inclined
to enlarge the petitioner on bail in connection with Rafiganj P.S.
Patna High Court CR. MISC. No.30765 of 2026(2) dt.06-05-2026
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Case No. 653 of 2024 (POCSO G.R. No. 188/2024), pending in
the court of learned Court of Additional District & Session
Judge-VI-Cum-the special Exclusive Judge (POCSO), Civil
Court, Aurangabad.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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