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Patna High Court

Kush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bail bond and conditions.

Summary

The petitioner, Kush Kumar, was charged under Section 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act for raping a minor. The FIR alleged that the petitioner forced the minor’s mouth and committed rape, after which the victim’s mother was also allegedly abused when she inquired about the incident. During trial, the victim and her mother did not identify the petitioner; the victim’s deposition stated she could not identify the accused even via video conferencing. The petitioner’s counsel argued that the lack of identification and non‑cooperation of the victim warranted bail. The High Court, after considering the facts, directed that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and availability throughout the trial.

Issues considered

  • Whether regular bail can be granted in a POCSO case where the victim has not identified the accused.
  • Whether the absence of victim identification and lack of cooperation justify bail under the POCSO Act.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • identification
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58194 of 2025
                      Arising Out of PS. Case No.-323 Year-2024 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Kush Kumar Son of Shri Gurucharan Mahto Village- Dihra PS -Harnaut
                 District -Nalanda Bihar                           ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Manju Devi son of Late Ramadhin Mahto Village- Dihra PS -Harnaut
                  District -Nalanda Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   05-01-2026                    Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Harnaut P.S. Case No. 323 of 2024 (POCSO Case No. 123 of

                   2024), registered for the offences punishable under Sections 65(2)

                   of the BNS and Sections 4/6 of the POCSO Act.

                                3. As per the FIR, on 13.08.2024, while the informant,

                   minor in age, went outside for attending natures call, the petitioner

                   caught informant, pressed her mouth and committed rape upon her.

                   When the informant raised alarm, the petitioner fled away. It has

                   further been alleged that after coming into the knowledge, when

                   the informant’s mother went to the house of the petitioner to

                   enquire about the same, she was abused by the petitioner.

                                4. The learned counsel for the petitioner has submitted

                   that neither the victim nor her mother supported the prosecution
           Patna High Court CR. MISC. No.58194 of 2025(4) dt.05-01-2026
                                                       2/2




                     case during the trial. The mother of the victim was examined as

                     PW-2, whereas the victim herself was examined as PW-4. The

                     victim stated in her deposition that she did not identify the person

                     who committed the misdeed with her. The petitioner was produced

                     for identification through video conferencing, but the victim could

                     not identify him, which transpires from paragraph no. 6 of her

                     deposition. The petitioner has been in custody since 27.01.2025.

                                  5.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     District & Additional Sessions Judge-IV-cum-Special Judge

                     (POCSO), Bihar Sharif, Nalanda in connection with Harnaut P.S.

                     Case No. 323 of 2024, subject to the following conditions that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.

                                  6. The petitioner shall cooperate in the disposal of

                     trial and make himself available on each and every date till

                     conclusion of the trial.


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T


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