Patna High Court
Rakesh Kumar Giri @ Aryan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application is devoid of merit and is rejected, allowing the proceedings under the POCSO Act to continue.
Summary
The petitioner, Rakesh Kumar Giri, was charged under IPC sections 363 and 366A for allegedly kidnapping a minor girl with intent to solemnise marriage. He filed a petition seeking quash of the order of the Additional Sessions Judge‑VII (Special POCSO Court) that rejected his discharge from the POCSO offences. The petitioner argued that the transfer of the case to the POCSO court was done suo moto without evidence and that the victim’s age, assessed by a doctor, was 17‑18 years, making the POCSO Act inapplicable. The State opposed the petition. The High Court noted that school records showed the victim was born on 01‑02‑2003, making her 13 years 11 months at the time of the incident, thereby satisfying the age criterion for POCSO. Consequently, the Court found sufficient grounds to proceed under the POCSO Act and held that the petition lacked merit, rejecting it.
Issues considered
- Whether the Protection of Children from Sexual Offences (POCSO) Act applies to the alleged offence given the victim's age.
- Whether the transfer of the case to the Special POCSO Court by the Additional Sessions Judge was valid.
- Whether the petition for quash of the order rejecting the petitioner's discharge from POCSO offences is maintainable.
Legislation cited
Subjects
- kidnapping
- child marriage
- POCSO Act
- quash petition
- age of victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58244 of 2024
Arising Out of PS. Case No.-977 Year-2016 Thana- BIHTA District- Patna
======================================================
Rakesh Kumar Giri @ Aryan Kumar S/O Late Lalan Giri R/O Village- Sri
Rampur Tola, P.S- Bihta, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Abhisarika Kumari @ Sakshi D/O Rajesh Kumar Singh R/O Village- Raja
gaon, Kharauni, P.S- Bashdih, Distt.- Balia, State- Uttar Pradesh. At present
C/O Sri Munna Pandey Residence of Village- Surya Mandir Road, Sri
Rampur, P.O And P.S- Bihta, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has approached this Court for
quashing of order dated 01.04.2024 passed by Additional
Sessions Judge-VIIth-cum-Special Judge, POCSO, Danapur,
Patna in Special (POCSO) Case No. 238 of 2019 (arising out of
Bihta P.S. Case No. 977 of 2016) registered under Sections 363
and 366A of the Indian Penal Code whereby the discharge of the
petitioner from the offences of POCSO has been rejected.
3. As per the prosecution case, the informant alleged
that on 26.12.2016 at about 08:45 AM, his daughter, namely,
Abhisarika Kumari went to coaching but she did not return till
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05:00 PM in his tenant house. Then he and his family members
started searching his daughter, thereafter he came to know that
his daughter has been kidnapped by this petitioner with
intention to solemnize marriage.
4. Learned counsel for the petitioner has submitted
that FIR has been filed under Sections 363 and 366A of the
Indian Penal Code, subsequently the case was investigated and
the charge-sheet was also filed under the said offences and the
cognizance has also been taken against the petitioner under the
same offence and the case has been transferred for Trial and the
Sessions Trial has been transferred to the learned Additional
Sessions Judge-7th for trial and disposal. Learned counsel for the
petitioner further submits learned Additional Sessions Judge has
got not power to transfer the record on suo moto. He further
submits that without any evidence learned Sessions Judge
transferred the record to POCSO Court. Learned counsel for the
petitioner further submits that the age of the victim was assessed
by the doctor is 17 to 18 years.
5. Learned counsel for the State has opposed this
prayer.
6. From the perusal of records it appears that this
petitioner has approached this Court in Cr.W.J.C. No. 1514 of
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2019 vide order dated 24.04.2023, the Co-ordinate Bench of this
Court has disposed of the writ application in following terms:-
“The case of the petitioner has
been referred to the Special Judge for
framing of charge under the POCSO Act
also, apart from other sections of the Indian
Penal Code. If the petitioner has any
grievance with regard to the applicability of
the POCSO Act, he can raise all the grounds
before the Special Judge and can contend
that no offence under the POCSO Act is
made out against him.
With the aforesaid observation and
direction, this application is disposed of.”
7. Pursuant to the order of Co-ordinate Bench of this
Court, the petitioner approached before learned Special Judge
POCSO, Patna by filing his appropriate application which is the
impugned order. While considering the prayer of this petitioner,
the Special Court observed that as per the school records the
date of birth of the victim is 01.02.2003, while the occurrence
took place on 26.12.2016, hence at the time of occurrence, the
victim was 13 years 11 months and 25 days.
8. This Court finds that at this stage and so as to
proceed further with regards to the offence under POCSO Act,
there are sufficient grounds for proceeding.
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9. Considering the age of the victim as per the school
records, this application is devoid of merits and is accordingly
rejected.
(Praveen Kumar, J)
shivam/-
U T
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