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Patna High Court

Naveen Kumar @ Naveen Kumar NaveenversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                                           2/2




                         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//-

U          T


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