Patna High Court
Subodh Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the seriousness of the alleged rape offences under the POCSO Act and Section 70(2) of the B.N.S., bail could not be granted.
Summary
Subodh Kumar petitioned for regular bail in a case registered under Section 70(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act, alleging rape of a minor. The prosecution opposed the bail, asserting the seriousness of the charges. The petitioner claimed false implication, no prior criminal record, and offered to cooperate with the trial. The court examined the gravity of the alleged offences and the statutory provisions. Concluding that the nature of the crime warranted continued custody, the court denied the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged rape under Sections 4 and 6 of the POCSO Act and Section 70(2) of the B.N.S.
- Whether the gravity of the alleged offences justifies denial of bail
Legislation cited
Subjects
- bail
- rape
- POCSO
- criminal procedure
- gravity of offence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4836 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- DHANARUA District- Patna
======================================================
Subodh Kumar @ Chhotu S/o- Sailesh Paswan Vill- Badiha, P.S- Dhanarua,
Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kaushalya Devi W/o- Sunil Paswan R/v- Bijapur Vijaypura Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjum Perveen, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Dhanarua P.S. Case No. 331/2025 registered for the offences
punishable under Section 70(2) of B.N.S. and Sections 4 and 6
of POCSO Act.
3. As per the prosecution case, petitioner is accused of
committing rape with the victim girl along with other co-
accused persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 27.05.2025. The petitioner undertakes to
Patna High Court CR. MISC. No.4836 of 2026(3) dt.31-03-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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