Patna High Court
Naveen Kumar @ Naveen Kumar NaveenversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted as the seriousness of the offence, corroborative medical evidence, and witness testimony warranted the continuation of custody.
Summary
The petitioner, Naveen Kumar, was arrested on 4 November 2025 in connection with a POCSO case alleging that he sexually assaulted a minor, resulting in pregnancy. He sought bail, claiming a clean record and that the allegations were fabricated. The State opposed bail, citing the FIR’s specific allegations, corroborative testimony of prosecution witnesses, and a medical report confirming the victim’s pregnancy. The court examined the seriousness of the charges under Section 65(2) of the B.N.S., 2023 and Section 6 of the POCSO Act, along with the supporting medical evidence. Considering the gravity of the offence and the strength of the prosecution’s case, the court refused to grant bail. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to an accused under Section 65(2) of the B.N.S., 2023 and Section 6 of the POCSO Act when medical evidence confirms the victim’s pregnancy and prosecution witnesses support the charge.
Legislation cited
- B.N.S., 2023 — s. 65(2)
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- bail
- POCSO
- sexual assault
- pregnancy
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41577 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Naveen Kumar @ Naveen Kumar Naveen S/o Sri Bhola Rai R/o vill - Gaytri
Nagar, Kurthoul, P.S.- Parsa Bazar, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o vill - Gaytri Nagar, Kurthoul, P.S.- Parsa Bazar, Distt.-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Sunil Kumar Singh, learned counsel for the
petitioner and Mr. Abhay Kumar Roy, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.11.2025, in connection with Parsa Bazar P.S. Case No. 459 of
2025 (Spl. POCSO Case No. 02 of 2026), F.I.R. dated 03.11.2025
registered for the offences punishable under Section 65(2) of the
B.N.S., 2023 and Section 6 of the POCSO Act.
3. Allegation against the petitioner is that he has
committed wrong doing upon the victim for the last four months
on the point of dagger due to which she became pregnant.
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.41577 of 2026(2) dt.30-06-2026
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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 it appears from the F.I.R. that there is specific and
direct allegation against the petitioner and it appears from the
record that all the prosecution witnesses have supported the case
of the prosecution and as per medical report of the victim which
suggests that on the date of medical examination, the victim was
pregnant and the victim has fully supported the case of the
prosecution.
6. Considering the nature of allegation as alleged in the
F.I.R. supported by the medical evidence as well as witnesses have
supported the case of the prosecution, I am not inclined to enlarge
the petitioner on bail in connection with Parsa Bazar P.S. Case No.
459 of 2025 (Spl. POCSO Case No. 02 of 2026) pending in the
Court of learned Exclusive Special Judge, Rape and POCSO
Court, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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