Patna High Court
Niraj Kumar @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was dismissed, and the petitioner was not released on bail.
Summary
Petitioner Niraj Kumar was arrested on 10 August 2025 in connection with a rape allegation involving a 13‑14‑year‑old girl, under Sections 64 and 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The victim’s statement was recorded under Section 164 of the Criminal Procedure Code/Section 183 of the Bihar Narcotic Substances (Special) Act, 2023, and a medical report corroborated the allegation. The petitioner’s counsel argued that he has a clean record and was falsely implicated, seeking bail. The State opposed bail, emphasizing the victim’s recorded statement and medical evidence. The Court, after considering the seriousness of the offence and the supporting evidence, refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a rape case involving a minor under the POCSO Act and related statutes.
Legislation cited
- Bihar Narcotic Substances Act — s. 64, 65(2)
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- minor
- victim statement
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3212 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- MAHILA P.S. District- Samastipur
======================================================
Niraj Kumar @ Pankaj Kumar S/O Pankaj Das R/O Vill.- Dighara, P.S.- Pusa,
District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY R/O Vill.- Harpur Pusa, P.S.- Pusa, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
10.08.2025, in connection with Mahila P.S. Case No. 62 of 2025,
F.I.R. dated 09.08.2025 registered for the offences punishable
under Sections 64 and 65(2) of the B.N.S. and Sections 4 and 6 of
the POCSO Act.
3. Allegation against the petitioner is that he has
committed rape upon the victim.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
Patna High Court CR. MISC. No.3212 of 2026(2) dt.20-01-2026
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alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of victim was recorded under Section
164 of the Cr. P.C./183 of B.N.S.S, 2023 in which she has fully
supported the case of the prosecution and apart from aforesaid the
medical report of the victim also corroborates the allegation as
alleged in the F.I.R. against the petitioner and there is direct and
specific allegation against the petitioner that he has committed
rape upon the victim and the victim is aged about 13 to 14 years of
old.
6. Considering the nature of allegation supported by
the medical evidence as well as the statement of victim under
Section 164 of the Cr. P.C./183 of B.N.S.S, 2023, I am not
inclined to enlarge the petitioner on bail in connection with Mahila
P.S. Case No. 62 of 2025 pending in the Court of learned
Exclusive Special Judge (Rape and POCSO) Act, Samastipur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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