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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted at this stage and dismissed the bail application.

Summary

Petitioner Rajesh Kumar, principal of a coaching centre, was charged under Sections 64(1) and 64(2)(f) of the Bhartiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act for allegedly stripping and touching a 12‑year‑old girl and threatening her. The prosecution presented the victim’s statement and other evidence, while the petitioner claimed he was falsely implicated over an unpaid hostel fee. The trial was reported to be nearing its conclusion. The High Court, after considering the seriousness of the offences and the stage of the trial, refused bail, directing that the petitioner may re‑apply if the trial is not completed within four months and ordering the police to produce remaining official witnesses. The bail application was therefore dismissed.

Issues considered

  • Whether bail should be granted to an accused of offences under the Bhartiya Nyaya Sanhita and the POCSO Act involving a minor.
  • Whether the proximity of the trial’s conclusion justifies denial of bail.
  • Whether allegations of false implication affect the bail decision.

Legislation cited

Subjects

  • bail
  • sexual assault
  • child protection
  • POCSO Act
  • BNSS
  • trial stage
  • coaching centre

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59143 of 2025
                      Arising Out of PS. Case No.-246 Year-2024 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Rajesh Kumar S/O Late Saryug Mahto R/O Mohaddinagar, ward no. 2, P.S.-
                 Halsi, District- Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Patna
           2.    XXX YYY R/O Dharamraichak, Ward no. 6, P.S. and Dist.- Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ankita Kumari
                 For the Opposite Party/s :        Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   13-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Kavaiya P.S. Case No. 246 of 2024 registered for the offence

                   punishable under Sections-64(1), 64(2)(f) of Bhartiya Nyaya

                   Sanhita and Sections-4 & 6 of POCSOAct.

                                3. As per prosecution, the informant’s 12 years

                   daughter used to study in the coaching center of the petitioner. It

                   is alleged that the petitioner being principle of the coaching

                   centre, used to call the informant’s daughter in his chamber and

                   made      her     completely        naked       and      touched       her     body

                   inappropriately almost half an hour and threaten her to not
Patna High Court CR. MISC. No.59143 of 2025(3) dt.13-01-2026
                                            2/3




          disclose the matter to any one, otherwise she will have to face

          the consequences. The victim is said to have been ravished by

          the petitioner.

                       4. Learned Sr. counsel for the petitioner has submitted

          that the petitioner is innocent and he has falsely been implicated

          in this case. As a matter of fact, some hostel fee was remained to

          be paid by the alleged victim and on persistent demand, the

          parents of the victim did not deposit the fee and that is why, the

          petitioner has been falsely implicated in the present case.

                       5. On the other hand, learned counsel for the

          informant has submitted that both the victim girls are students in

          the coaching centre run by the petitioner and they supported the

          allegation in their statements recorded under Section-183 of the

          BNSS. It has also been submitted that all the witnesses have

          been examined and only official witnesses are left to be

          examined.

                       6. It appears that the trial of the petitioner is at the

          verge of conclusion.

                       7. Considering the aforesaid facts and circumstances,

          presently I am not inclined to grant bail to the petitioner and

          accordingly, the same is rejected.

                       8. However, if the trial of the petitioner is not
            Patna High Court CR. MISC. No.59143 of 2025(3) dt.13-01-2026
                                                        3/3




                      concluded within a period of four months, the petitioner may

                      renew his prayer for bail.

                                   9. The Superintendent of Police, Lakhisarai is directed

                      to produce the remaining official witnesses in the court below

                      for their examination.

                                   10. Let the copy of this order be communicated to the

                      Superintendent of Police, Lakhisarai through FAX.

                                   11. With the aforesaid observation(s), this application

                      stands disposed of.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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