Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The Court declined to grant bail and directed the petitioner to move an appropriate application before the Juvenile Justice Board.
Summary
Gulshan Kumar, a juvenile, was charged with rape of a minor and related offences under IPC sections 376, 323, 504, 506/34 and Section 4 of the POCSO Act. He had earlier applied for bail, which the Patna High Court rejected, directing an expedited trial. He filed a second bail application. The Court noted the seriousness of the allegations and the fact that the accused is a juvenile, and therefore did not grant bail. Instead, the Court disposed of the application, allowing the petitioner to approach the Juvenile Justice Board for an appropriate relief. The trial was directed to be expedited.
Issues considered
- Whether bail can be granted to a juvenile accused of rape and related offences under the IPC and POCSO Act
Legislation cited
- Indian Penal Code — s. 323, 376, 504, 506/34
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- juvenile
- rape
- POCSO
- IPC
- Juvenile Justice Board
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48246 of 2025
Arising Out of PS. Case No.-211 Year-2023 Thana- ALAMNAGAR District- Madhepura
======================================================
Gulshan Kumar S/o- Pappu Mandal Village- Gangapur Thebhai Tola, Ps-
Alamnagar Ratwara OP, Dist-Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subhash Mandal S/o- Late Buchay Mandal Village- Gangapur Noniyachak
Tola Ps- Ratwara Op Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the State : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Alamnagar
(Ratwara O.P.) P.S. Case No. 211 of 2023 registered for the
offence under Section 376, 323, 504,506/34 of the IPC and
Section 4 of the POCSO Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 05.03.2024 passed
in Cr. Misc. No. 79899 of 2023, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in connection
Patna High Court CR. MISC. No.48246 of 2025(3) dt.10-02-2026
2/2
with Alamnagar P.S. Case No. 211 of 2023
registered for the offence under Section 376, 323,
504, 506/34 of the Indian Penal Code and under
Section 4 of the POCSO Act.
3. As per the prosecution case, the
petitioner is accused of committing rape over a
minor girl.
4. Considering the serious allegations
levelled against the petitioner of committing rape
over a minor girl, this Court is not inclined to
grant bail to the petitioner.
5. Accordingly, this application is
dismissed.
6. The Court below is directed to
expedite the trial of the petitioner and conclude the
same at the earliest.”
4. The petitioner has been held to be a juvenile.
5. In these circumstances, this application is disposed
of with a liberty to the petitioner to move an appropriate
application before the Juvenile Justice Board.
(Sandeep Kumar, J)
priyanka/-
U T
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