Patna High Court
Satyam Kumar @ Sastanand KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the alleged offence involves a minor, and the court was not inclined to grant bail even if the act were consensual.
Summary
The petitioner, Satyam Kumar, was arrested on 12 March 2025 in connection with a case registered under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 8 of the POCSO Act, alleging rape of a minor. He applied for regular bail, arguing that there was no external injury to the victim and that the act was consensual. The State opposed bail, emphasizing the victim’s minority. The Patna High Court, recalling its earlier order dismissing the bail plea, held that even if the intercourse were consensual, the involvement of a minor precludes bail. Consequently, the court rejected the second bail application, directing that the petitioner may seek bail only if the trial is unduly delayed.
Issues considered
- Whether bail can be granted to an accused charged under Section 65(1) of the Bharatiya Nyaya Sanhita and Sections 4/8 of the POCSO Act for alleged rape of a minor.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- sexual offences
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4656 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Satyam Kumar @ Sastanand Kumar S/O Upendra Pandit R/O Vill.-
Manserpur, Ward No.07, P.O- Parharpur, P.S- Ballia, Distt.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX D/O Vijay Tanti R/O Village- Manserpur, P.O- Paharpur, P.S- Ballia,
Distt.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritesh Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Ballia P.S. Case No. 83
of 2025, registered for the offence under Section 68(1) of the
B.N.S. and section 4/8 of the POCSO Act.
3. Earlier the bail application of the petitioner was
rejected on 16.07.2025 in Cr. Misc. No. 43839 of 2025 which
reads as follows:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner, who is in custody since
12.03.2025, seeks regular bail in connection
with Ballia P.S. Case No. 83 of 2025
registered for the offence under Sections
Patna High Court CR. MISC. No.4656 of 2026(2) dt.23-02-2026
2/2
65(1) of the Bharatiya Nyaya Sanhita, 2023
and Sections 4/8 of the POCSO Act.
3. The petitioner is accused of committing
rape with a minor victim.
4. Learned counsel for the petitioner submits
that there is no external injury upon the
victim and therefore the allegations of rape
is false.
5. Learned A.P.P. has vehemently opposed
the prayer for bail.
6. I have heard and considered the
submissions of the parties. Even if it is a
case of consensual sex, it is with a minor
girl, therefore, I am not inclined to grant bail
to the petitioner.
7. Accordingly, this application for regular
bail is hereby dismissed. However, the
petitioner may renew his prayer for bail if
the trial is delayed.”
4. This Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Ranjeet/-
U T
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