Created by Fuzzy Cloud

Patna High Court

Pradeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

Pradeep Kumar was arrested in connection with a kidnapping and alleged rape of a minor, the daughter of an informant, under several sections of the Bihar Narcotic and Special (BNS) Act and Section 4 of the POCSO Act. He has been in custody since 27 May 2025 and sought bail, arguing that the victim’s statement was inconsistent, no injuries were found on medical examination, and the trial could not be completed within the six‑month period prescribed by Section 35(2) of the POCSO Act, thus violating his Article 21 right. The State contended that the victim’s statement under Section 183 of the BNS clearly alleged four rapes and that lack of medical injury does not negate the offence. The Court examined the allegations, the victim’s statements, and the statutory timeline, and concluded that the seriousness of the alleged penetrative sexual assault warranted denial of bail. Consequently, the bail petition was rejected, and the trial court was directed to complete the trial within six months, after which the petitioner may renew his bail application.

Issues considered

  • Whether bail can be granted to an accused in a POCSO case involving alleged kidnapping and multiple rapes of a minor.
  • Whether the absence of medical injuries negates the allegation of rape under the victim’s statement.
  • Whether continued detention without trial violates the accused’s right to liberty under Article 21 of the Constitution.
  • Whether the trial must be concluded within the period prescribed by Section 35(2) of the POCSO Act.

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • rape
  • minor
  • trial delay
  • Article 21
  • Section 35(2)
  • medical evidence
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59790 of 2025
                  Arising Out of PS. Case No.-118 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Pradeep Kumar S/O Banhu Mahto @ Bandhu Mahato R/O Vill.- Jaitiya
                 Noniya Tola, P.S.- Chanpatiya, District- West Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     X ( symbolic name of the father of the so called victim) S/O Late Magar
                  Mahto R/O Vill.- Jaitiya Noniya Tola, P.S.- Chanpatiya, District- West
                  Champaran
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Adv
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 For the Informant        :       Mr. Gyan Prakash, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   25-02-2026                   Heard the parties.

                                2. The petitioner seeks bail in connection with Yogapatti

                   P.S. Case No. 118 of 2025 registered for the offence under

                   Sections 137(2), 87, 126(2), 115(2) and 3(5) of the BNS and

                   Section 4 of the POCSO Act.

                                3. The petitioner is named in the F.I.R. and is in custody

                   since 27.05.2025.

                                4. The allegation against the petitioner is to kidnap

                   minor daughter of informant along with other co-accused persons

                   aged about 16 years for the purpose of illicit intercourse/marriage

                   with another person.

                                5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.59790 of 2025(4) dt.25-02-2026
                                            2/3




          submitted that though victim alleged this petitioner to commit rape

          four times while she was in captivity of petitioner at Gorakhpur,

          but tutoring qua aforesaid statement cannot be ruled out in view of

          her statement as recorded under Section 180 of the BNSS and in

          this connection learned counsel drew attention of this Court

          towards para no. 13 of the case diary, where it appears that after

          recovery from Chanpatiya, victim was handed over to her parents

          and, thereafter, her statement under Section 183 of the BNSS was

          recorded. It is pointed out that upon medical examination no injury

          was noticed in and around private part of the victim, which also

          negates allegation qua rape/penetrative sexual assault. It is

          submitted that trial could not conclude within preferred timeline as

          provided under Section 35(2) of the POCSO Act, therefore,

          petitioner cannot be kept behind bars for indefinite period in want

          of trial, violating fundamental right of petitioner as available under

          Article 21 of Constitution of India.

                       6. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail submitted that victim

          specifically alleged that this petitioner committed rape upon her

          while she was in captivity at Gorakhpur. It is submitted that she

          was raped by petitioner repeatedly for four times, which is

          apparent from her statement as recorded under Section 183 of the
               Patna High Court CR. MISC. No.59790 of 2025(4) dt.25-02-2026
                                                           3/3




                         BNSS. It is submitted that none finding of injury upon medical

                         examination does not lead to conclusion               ipso-facto that

                         rape/penetrative sexual assault was not committed upon as rape is

                         a legal finding not a medical one. It is submitted that charge in this

                         matter was framed on 20.02.2026 and, therefore, within next

                         couple of months it is likely to conclude.

                                      7. Considering the aforesaid factual submission and by

                         taking note of fact as allegation qua committing penetrative sexual

                         assault/rape is specifically available against petitioner in terms of

                         statement of victim as recorded under Section 183 of the BNSS,

                         accordingly, the prayer for bail of the petitioner is rejected.

                                         8. However, learned Trial Court is directed to

                         conclude the trial, preferably, within a period of 06 months from

                         the date of receipt of this order as preferred within timeline under

                         Section 35(2) of the POCSO Act, failing which petitioner may

                         renew his prayer of bail, if so advised.


                                                            (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.