Patna High Court
Karan Kumar @ Karan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Karan Kumar, was charged with gang rape of a minor under Section 70(2) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The charge was framed on 13 October 2025, but no witness had been examined in the trial up to the date of the bail hearing. The petitioner sought bail for the second time after an earlier application was rejected on 8 September 2025. The court noted the gravity of the offence and the lack of trial progress, and consequently dismissed the bail application. The court directed the Special Judge (POCSO) to expedite the trial and instructed the Superintendent of Police to ensure witness attendance, and ordered the order to be communicated to the relevant authorities.
Issues considered
- Whether bail should be granted to an accused in a gang rape case under the Bharatiya Nyaya Sanhita and POCSO Act given the seriousness of the offence and the stage of trial.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- gang rape
- POCSO
- criminal procedure
- trial delay
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38641 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- GARKHA District- Saran
======================================================
Karan Kumar @ Karan Kumar Sah R/o vill- Bhikari Sah @ Bhikhan Sah R/o
Village-Pirauna ,P.S- Garkha thana , Dist- Saran
... ... Petitioner
Versus
1. The State of Bihar
2. X D/o ABC R/o Village- Pirari bind ,P.S- Derni, Dist-Saran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Dewanand Tiwari, Advocate
For the Opposite Party : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Garkha P.S. Case
No.358 of 2025 registered for the offence punishable under
Sections 70(2) of the Bharatiya Nyaya Sanhita and Section 4
and 6 of the Protection of Child from Sexual Offences Act.
Earlier, the prayer of the petitioner for grant of bail has been
rejected by this Court vide order dated 08.09.2025 passed in
Criminal Miscellaneous No.60414 of 2025.
3. As per the prosecution case, the petitioner is
accused of committing gang rape with the victim girl.
Patna High Court CR. MISC. No.38641 of 2026(2) dt.07-07-2026
2/2
4. Learned counsel for the petitioner submits
that in this case the charge has been framed on 13.10.2025 but
no witness has been examined in the trial till date.
5. Considering the gravity of offence, I am not
inclined to grant bail to the petitioner. Accordingly, the present
bail application stands dismissed.
6. The Special Judge (POCSO), Saran is
directed to expedite the trial and conclude the same as early as
possible.
7. The Superintendent of Police, Saran is
directed to ensure the attendance of the witnesses in the trial.
8. Let a copy of this order be communicated to
the Principal District & Sessions Judge, Saran as well as the
Superintendent of Police, Saran forthwith through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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