Patna High Court
Sonu Kumar Roy @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Sonu Kumar Roy, was charged under multiple sections of the IPC, the POCSO Act and the IT Act for allegedly raping a victim in a maize field, assaulting her, and producing an obscene video. He has been in custody since April 24, 2024 and applied for regular bail. The prosecution presented prima facie material indicating his involvement in the offences, which are described as serious and grave. The court examined the gravity of the charges and the risk to the victim and society. Considering the seriousness and the prima facie evidence, the court declined to grant regular bail. The bail application was therefore dismissed, with the court noting that its observations are limited to the bail matter and not the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under the IPC, POCSO Act and IT Act
- Whether the presence of prima facie evidence justifies denial of bail
Legislation cited
- Indian Penal Code — s. 323, 341, 376, 504, 506
- Information Technology Act — s. 67A, 67B
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- regular bail
- rape
- IPC
- POCSO Act
- IT Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4005 of 2026
Arising Out of PS. Case No.-64 Year-2024 Thana- KURSAKANTA District- Araria
======================================================
Sonu Kumar Roy @ Sonu Kumar S/O Azid Roy @ Ajad Roy R/O Vill.-
Chikni Ghat, Ward no. 12, P.S.- Kusankanta, Dist.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ D/O TRILOKI SINGH R/O Vill.- Chikni Ghat, Ward no. 12, P.S.-
Kusankanta, Dist.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Yadav
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kursakanta P.S. Case No. 64 of 2024 registered for the offence
under Sections 341, 323, 376, 504 and 506 of the Indian Penal
Code, Section 4 of the POCSO Act and Section 67A and 67B of
the IT Act.
3. As per the prosecution case, the petitioner along
with other co-accused persons dragged the victim to the field of
maize and committed rape with her. While co-accused namely
Rajeev Kumar Roy had made obscene video of the incident.
4. The petitioner is in custody since 24.04.2024. The
Patna High Court CR. MISC. No.4005 of 2026(6) dt.23-06-2026
2/2
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. 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.
(Sandeep Kumar, J)
Shishir/-
U T
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