Created by Fuzzy Cloud

Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused bail, holding that the gravity of the charges and the imminent trial warrant the petitioner’s continued custody.

Summary

Mukesh Kumar was charged under IPC sections 376 (rape) and 506 (criminal intimidation) and section 4 of the POCSO Act for allegedly raping a student after threatening to circulate an objectionable video. He has been in custody since September 18, 2023, and his earlier bail plea was rejected. He renewed his request for regular bail, arguing that the trial has not yet concluded and is pending judgment. The High Court, after hearing both sides and reviewing the victim's statement under Section 164 of the CrPC, declined to grant bail, citing the seriousness of the offences and the fact that the trial is imminent. The court directed the trial court to expedite the proceedings and complete the trial within three months.

Issues considered

  • Whether regular bail should be granted to an accused charged with rape, criminal intimidation, and a POCSO offence.
  • Whether the pending trial and seriousness of the allegations justify continued detention.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • criminal intimidation
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53584 of 2025
                        Arising Out of PS. Case No.-717 Year-2023 Thana- KOTWALI District- Patna
                 ======================================================
                 Mukesh Kumar S/o Rajendra Prasad R/o village- Daroga Rai Path, M.L.C
                 Quarter, Block D, P.S- Kotwali, District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mansi Kumari D/o Sanjay Singh R/o Daroga Rai Path, Block D, P.S.-
                 Kotwali, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shahnawaz Khan, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

8   24-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has renewed his prayer for grant of

                   regular bail in connection with Kotwali P.S. Case no. 717 of

                   2023 registered under sections 376 and 506 of the Indian Penal

                   Code and section 4 of the POCSO Act.

                                3. As per the prosecution case, the informant states

                   that she is a student belonging to a poor family. Her

                   objectionable video was made and the petitioner on the threat of

                   making that video viral committed rape on her.

                                4. Learned counsel for the petitioner submits that the

                   earlier prayer for bail of the petitioner was rejected vide order

                   dated 21.3.2024 passed in Cr. Misc. no.1608 of 2024 directing
           Patna High Court CR. MISC. No.53584 of 2025(8) dt.24-04-2026
                                                       2/2




                     the learned trial Court to expedite the trial. Inspite of the

                     petitioner having remained in custody since 18.9.2023, the trial

                     has still not concluded and as per oral instructions received, the

                     case is fixed for judgment.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegation against the petitioner

                     together with the contents of the statement of the victim

                     recorded under section 164 of the Cr.P.C. and the case being

                     fixed for judgment in the learned trial Court, the Court is not

                     inclined to enlarge the petitioner on bail and the application is

                     rejected.

                                  7. The learned trial Court is directed to expedite the

                     trial and to conclude the same within a period of three months.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.