Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Prince Kumar, was accused of raping a minor girl, recording the act, and threatening to disseminate the video, leading to the victim's suicide. The allegations arise under Sections 64, 108, 61(2) of the Bharatiya Nyaya Sanhita, Sections 4 and 17 of the POCSO Act, and Sections 67 and 67A of the IT Act. The petitioner claimed innocence, alleging false implication due to a personal relationship with the deceased. The court examined the seriousness of the charges and the material on record. Considering the gravity of the offences and the evidence, the court refused the petitioner's request for anticipatory bail. The petition for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the serious allegations under the Bharatiya Nyaya Sanhita, POCSO Act and IT Act
- Whether the material placed on record justifies refusal of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 61(2), 64
- Information Technology Act — s. 67, 67A
- Protection of Children from Sexual Offences Act — s. 17, 4
Subjects
- anticipatory bail
- rape
- child sexual offence
- video recording
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4157 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Prince Kumar S/o Kameshwar Prasad R/o vill - Budhuahan Tola, P.s.-
Chhauradano, Distt.- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/o Late Sukdeo Chaudhari r/o vill - Brahmpura, P.s.- Chhauradano,
Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma,
Mr. Abhishek Kumar, Advocates
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Chhaurandano P. S.
Case No. 151 of 2025 registered for the offences punishable
under Sections 64, 108, 61(2) of the Bharatiya Nyaya Sanhita,
Sections 4, 17 of the Protection of Children from Sexual
Offences Act and Sections 67, 67A of the Information
Technology Act.
3. Allegation against petitioner, in brief, is that while
minor daughter of the informant was returning home after
attending computer class, this petitioner fraudulently took her to
a hotel room, committed rape with her, recorded the incident
and threatened to make the video viral which the victim could
Patna High Court CR. MISC. No.4157 of 2026(2) dt.19-02-2026
2/2
not bear and committed suicide by hanging herself with a
ceiling fan. During course of investigation it has also come that
on the date of occurrence and on 12.04.2025 both of them
visited the hotel and stayed there for couple of hours.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case with an ulterior motive
as petitioner and the deceased were in love.
5. Considering the nature and seriousness of
accusation and materials available on record, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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