Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a case involving the disappearance of a minor and alleged sexual offences under Sections 137(2), 96, 69 and 108 of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act. The prosecution alleged that the minor’s father (the informant) found 25 calls on a mobile phone belonging to the victim, purportedly from the petitioner’s elder brother, and that a dead body was later discovered on railway tracks, identified as a 30‑year‑old woman who died from severe blood loss due to a train accident. During investigation the petitioner gave a confessional statement admitting a consensual relationship with the deceased but did not confess to any murder or rape. The informant opposed bail, claiming the trial court had found the petitioner guilty of raping the deceased. After hearing both sides, the High Court held that there was insufficient evidence linking the petitioner to the alleged rape or murder and therefore granted bail on condition of a bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bihar Narcotic Substances Act and the POCSO Act despite the seriousness of the allegations.
- Whether the confessional statement and the discovery of the dead body constitute sufficient grounds to deny bail.
- Whether the prosecution has established a prima facie case of rape under Section 4 of the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 108, 137(2), 69, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- POCSO Act
- narcotic offences
- confessional statement
- rape
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4757 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- PALI District- Jehanabad
======================================================
Rahul Kumar S/O Devendra Das @ Devendra Ravidas R/O Village-
Marachinganj, P.S- Punpun, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Village- Uttar Sarthu, P.S- Pali, Distt.- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Mr. Vardaan Mangalam, Advocate
For the State : Mr. Uday Pratap Singh, APP
For the Informant : Mr. Jainendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection
with Pali P.S. Case No.102 of 2025 registered for the offence
punishable under Sections 137(2), 96, 69 & 108 of the BNS and
under Section 4 of the POCSO Act.
3. The case of the prosecution, in short, is that the
minor daughter of the informant has gone to fetch vegetables
but she did not return. The informant found a mobile in his
house in which there was 25 calls from a number 9241829187.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the calls which are alleged to have
Patna High Court CR. MISC. No.4757 of 2026(3) dt.31-03-2026
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been made on the mobile of the victim were from the elder
brother of the petitioner. Learned counsel for the petitioner has
further submitted that in this case during investigation a dead
body was found on the railway tracks and the photo of the
deceased was shown to the informant which was identified by
him and according tot he post-mortem report of the deceased
she was aged about 30 years. Learned counsel for the petitioner
has further submitted that the post-mortem report goes to show
that cause of death is ‘cardiopulmonary arrest due to severe
blodd loss by train traffic accident’.
5. During course of investigation, police have
extracted the confessional statement of this petitioner in which
he has stated that he was in relationship with the deceased and
that he has established physical relationship with her twice in
hotel. As far as the death of the deceased in concerned, even in
confessional statement this petitioner has not stated anything.
Save and except that the deceased has went towards Karauna
road.
6. Learned counsel for the petitioner has further
submitted that save and except the confessional statement, there
is nothing against the petitioner and even in confessional
statement he has not confessed his guilt regarding murder. It has
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further been submitted that a UD case was filed in which the
body of the deceased was found on the railway track.
7. Learned counsel for the Informant has vehemently
opposed the bail and has stated that learned trial court has held
that the petitioner has committed rape with the deceased.
8. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Additional Sessions Judge-VI-cum-Special Judge (POCSO),
Jehanabad in connection with Pali P.S. Case No.102 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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