Patna High Court
Rahul Kumar @ Sudarshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted on the ground that the petitioner’s age, lack of antecedents and the extended pre‑trial detention outweighed the risk of tampering with evidence or influencing the trial.
Summary
The petitioner, a 22‑year‑old man, was arrested in connection with a case alleging that he had an illicit relationship with a 17‑year‑old girl, filmed her without consent and distributed the material to her prospective in‑laws. He faced charges under the Bharatiya Nyaya Sanhita (sections 74, 308(3), 79, 318(4)), the Income Tax Act (section 67), and the SC/ST (Prevention of Atrocities) Act (sections 3(i)(r), 3(i)(s), 3(i)(w), 3(2)(va)). The petitioner applied for bail, arguing his young age, lack of prior criminal record and the eight‑month custodial period already served. The State and the informant opposed bail, emphasizing the victim’s minority and the seriousness of the alleged offences. The court, noting the petitioner’s age, the duration of custody and the absence of a clear threat to the investigation, granted bail on condition of a Rs 10,000 bond with two sureties, while clarifying that the order was prima facie and not a determination on the merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual exploitation of a minor under BNSS, POCSO and SC/ST Act provisions.
- Whether the petitioner’s age, lack of prior record and length of pre‑trial detention justify bail despite the seriousness of the offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 308(3), 318(4), 74, 79
- Income Tax Act — s. 67
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r), 3(i)(s), 3(i)(w)
Subjects
- bail
- minor victim
- sexual exploitation
- BNSS
- SC/ST Act
- IT Act
- POCSO
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3739 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- NAWADA District- Nawada
======================================================
Rahul Kumar @ Sudarshan Kumar Son of Ravindra Chauhan Resident of
Village - Thikrachak, P.S.- Atri and District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX Wife of Y R/V- Bhadauni Beldari, P.S.- Nawada Town, District -
Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Patel, Adv.
For the Informant : Mr.Saurav Barial, Adv.
For the State : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Nawada
P.S. Case No. 286 of 2025 instituted for the offences under Sections
74, 308(3), 79, 318(4) of the Bharatiya Nyaya Sanhita, Sections 67 of
the I.T. Act and Sections 3(i)(r),(s),(w), 3(2)(va) SC/ST Act.
3. The allegation is against the petitioner is that he was in
love with the victim and thereafter he shot her videos and photos.
When her marriage was getting fixed with another person, he sent the
photos and videos to the family of that persons.
4. Learned counsel for the petitioner submits that the
petitioner is 22 years of age. The girl claimed in her statement under
Section 183 of BNSS herself to be 17 years of age. The petitioner is
in custody since 01.08.2025 and has got no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the
informant has vehemently opposed the prayer for grant of bail to the
Patna High Court CR. MISC. No.3739 of 2026(4) dt.06-05-2026
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petitioner and stated that the girl was minor and her life was made
hell by the activities of the petitioner.
6. Considering that there is a hint of relationship as well as
the fact that the petitioner is 22 years old and he is in custody for last
about 08 months, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of District and Additional Sessions
Judge-VI,cum-SPL. Judge POCSO, Nawada/concerned Court in
connection with Nawada P.S. Case No. 286 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations shall
not be construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
abhishekkr/-
U T
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