Patna High Court
Kundan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Kundan Kumar Thakur, was arrested in May 2025 on charges of sexually assaulting a minor, alleged under Sections 65(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. He applied for bail, claiming no prior criminal record, a false implication arising from a money dispute, and that the medical report did not support the allegations, also pointing to a three‑day delay in filing the FIR and the improbability of the crime occurring in daylight. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS, which fully supported the prosecution. The Court examined the seriousness of the offences and the evidence on record and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial without undue adjournments.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Sections 65(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act.
- Whether the alleged delay in lodging the FIR, lack of corroborative medical evidence, and claim of false implication affect the bail eligibility.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 65(1)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- sexual assault
- Bharatiya Nyaya Sanhita
- POCSO Act
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47356 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Kundan Kumar Thakur Son of Nawal Kishor Thakur Resident of Village -
Kanshi, P.S.- Simri Bazar, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Mahesh Mahto Resident of Village - Manihas Kanshi,
P.S.- Simri Bazar, District - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Simri
P.S. Case No. 138 of 2025 instituted for the offence under
Sections 65(1) & 351(2) of the Bharatiya Nyaya Sanhita, 2023
and Sections 4 & 6 of the POCSO Act.
3. Prosecution case, in a nutshell, is that petitioner has
sexually assaulted the victim while she went for natural call.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 05.05.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.47356 of 2025(5) dt.02-02-2026
2/3
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case due to money dispute with the father of the victim.
Referring to medical report, it is submitted that the same does
not corroborate the allegation levelled against the petitioner.
There is inordinate delay of three days in lodging the FIR. It is
next submitted that it is highly improbably that such an incident
would occur at broad day light.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Referring
to the statement of the victim recorded under Section 183 of the
BNSS, 2023, it is submitted that she has fully supported the
prosecution case. Moreover, charge-sheet in this case is
submitted under Sections 65(1) & 351(2) of the Bharatiya
Nyaya Sanhita, 2023, and Sections 4 & 6 of the POCSO Act.
7. Considering the aforesaid facts and circumstances
of the case and since charge sheet is submitted in this case under
Sections 65(1) & 351(2) of the Bharatiya Nyaya Sanhita, 2023,
and Sections 4 & 6 of the POCSO Act, this Court is not inclined
to grant bail to the petitioner. Prayer for bail is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
Patna High Court CR. MISC. No.47356 of 2025(5) dt.02-02-2026
3/3
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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