Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bhartiya Nyaya Sanhita — s. 64(1), 64(2)(f)
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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
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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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