Patna High Court
Kush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 65(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
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
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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
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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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