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Patna High Court

Akshay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application was dismissed.

Summary

Akshay Kumar applied for anticipatory bail fearing arrest in a case registered under Sections 64, 351(2), 351(3), 3(5) of the Indian Penal Code and Section 4 of the POCSO Act, alleging he had raped a minor. The prosecution presented the victim’s statement supporting the rape allegation. The High Court, noting the seriousness of the charges involving a child, declined to grant anticipatory bail. The court ordered the petitioner to surrender to the lower court within four weeks and to seek regular bail, warning that failure to do so would result in his arrest by the Superintendent of Police. The order was communicated to the police for compliance.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged rape of a minor under the POCSO Act and IPC provisions
  • Whether the seriousness of the allegations justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • minor
  • POCSO Act
  • Indian Penal Code
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61113 of 2025
                      Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Akshay Kumar son of Rajesh Bahardar Resident Of Village - Diyari, Ward no.
                 5, Ps- Araria, Dist- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Chanda Kumari Daughter of Rinku Bahardar Resident Of Village - Diyari,
                 Ward no. 5, Po- Gaiyari, Via- Araria, Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Baleshwar Kamat
                 For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   20-02-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Araria Mahila P.S. Case No. 24 of 2025

                   registered for the offence under Section 64, 351(2), 351(3), 3(5)

                   of the BNS and under Section 4 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of committing rape with the minor victim girl and the

                   victim girl has also supported the allegations in her statement

                   given before the Magistrate.

                                   4.     Considering the serious allegations levelled

                   against the petitioner, this Court is not inclined to grant
          Patna High Court CR. MISC. No.61113 of 2025(6) dt.20-02-2026
                                                      2/2




                    anticipatory bail to the petitioner.

                                     5.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                     6. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, Araria will take

                    all steps for arrest of the accused person/s including the

                    petitioner.

                                      7.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Araria through

                    FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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